Hindu Succession Act, 1956, Section 6, 8 -- Succession - Partition suit - Character of properties as ancestral joint family property admitted - One `P' proved to be first wife of defendant no.1, thus by virtue of Amendment Act, first defendant, said `P' and children born to them as defendant no.2 and plaintiffs would be entitled to equal shares as co-parcenars in joint..........
Civil Procedure Code, 1908, Order 23, Rule 1(a) -- Transposition of defendant as plaintiff - Partition suit - In a suit for partition all plaintiffs and defendants are equally treated and they can contest as plaintiff and/or defendant - No error committed by Court below while allowing application - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to incorporate plea of adverse possession - Defendants contended that they perfected their rights by adverse possession - No prejudice would be caused to plaintiff by amending written statement as sought for - Moreover, amendment sought would not alter or..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Impleadment of a party - Partition suit - Properties in question were enjoyed by defendant and plaintiff as joint family properties being father and son - Defendant mentioned in his written statement that he is having a sister, who is one of legal heir of their father - He did not raise a plea of non-joinder of necessary party..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Partition suit - When a suit of partition is filed, it is incumbent upon plaintiff to make all interested persons as parties to suit - In case of failure on part of plaintiff to do so, interested persons are entitled to get impleaded as parties to suit for partition, at any stage...........
Right of pre-emption - - Pre-emption right claimed should find a place in document of conveyance either by gift, partition, settlement or sale and it may be either based on customary right or practice prevailed - Right of pre-emption can also be created by contract between parties...........
Hindu Marriage Act, 1955, Section 16 -- Paternity of child - Applicability of S.16 of the Act - There is only a mere denial of marriage between father and mother of plaintiff - It will not constitute application of S.16 of the Act - Marriage being old one, having an old age of more than 51 years and not capable of proving by documents or by direct evidence - School..........
Mohammedan law -- Partial partition is permissible amongst Mohammedans, as under Mohammedan law heirs of deceased Muslim succeed to a definite fraction of every part of his estate - Muslim co-sharers are not obliged to file a general suit for partition of all properties in which they are interested and there is nothing to preclude one of them from seeking a portion of..........
Mohammedan law -- Joint property - Alienation of part of property by co-sharer without authority from other co-sharers - Purchaser is not entitled to adjustment of equities in respect of other properties held as tenants in common by such Muslim co-sharers and which have not been alienated to a third person - However, where such co-sharers who alienated specific property..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment seeking addition of averments regarding Will in favour of defendant - Prayer for amendment made in view of subsequent events happened between parties and same is necessary to determine real controversy between parties - Moreover, suit is at the stage of completion of..........
