Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and cancellation of three sale deeds - Contention that partition suit was already filed by defendants regarding suit property and decree in present suit will have an adverse impact and barring in trial of said suit - Contention rejected, as said suit has nothing to do with present suit and even earlier..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Case of plaintiff that oral partition took place between brothers - Plaintiff permitted his sister, defendant to cultivate property - Case of defendant that property was gifted to her by way of "Stridhana" - There were four female descendants to father of defendant - In such case, oral gift to..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree proceedings can be initiated at any point of time - There is no limitation for initiating final decree proceedings...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Once a preliminary decree is passed by trial Court, Court should proceed with the case for drawing up final decree suo motu - There is no need to file a separate final decree proceedings - In the same suit, Court should allow concerned party to file an appropriate application for drawing..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree merely declares rights and shares of parties and leaves room for some further inquiry to be held and conducted pursuant to directions made in preliminary decree and after the inquiry having been conducted and rights of parties being finally determined, a final decree incorporating such..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-consideration of evidence on record - Partition suit - High Court while deciding first appeal not considered the evidence on record - Suit was instituted in the year 1991, more than 3 decades ago - Evidence discussed by trial Court neither disputed nor demolished by..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Partition suit - Third parties who claim to hold an agreement of sale executed qua suit property by defendant no.1 are neither necessary parties nor proper parties considering the question involved - Even, plaintiff is opposing impleadment of third parties, which he is well entitled to do -..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Objections raised by defendant are subject matter of trial which can be determined after recording evidence of both parties - Looking to nature of suit and objections raised by defendant, trial Court not committed any illegality and jurisdictional error in dismissing application for..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition of agricultural land - Parties jointly held 52 odd kanals of land - Stand of plaintiff is that plaint scheduled property consisting of 10 kanal and 14 marla is not agricultural land and therefore outside the scope of S.158(2)(xvii) of Punjab Land Revenue Act - Bar against civil Court to..........
