Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not sought earlier - Amendment..........
Hindu Law -- Joint family property - Once property is divided and partitioned, status of property as coparcenary comes to an end - After partition property which has fallen to their respective share is their own property and not coparcenary property unless another coparcenary has come into being...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 21, Rule 15 -- Non-joinder and misjoinder of parties - Partition decree - Execution proceedings - Decree holder filed execution proceedings - Neither JD nor Collector were made party to execution proceedings - Execution proceedings suffers from no, joinder and mis-joinder of parties and thus,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of tenant - Partition suit - Court suo moto impleaded Manager of Bank as a party to suit, who is tenant - Tenant is neither a necessary party nor a proper party in a suit for partition - Impugned order of impleading tenant in a partition suit, set aside...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........
Hindu Succession Act, 1956, Section 6 -- Joint family Property - Notional partition - Right of daughter - Death of father of parties long ago prior to amendment being made to S.6 of the Act - Principle of notional partition would apply for the purpose of diving properties between legal representatives of father - They would get half share and in half share of father, his..........
Partition suit -- Plea of relinquishment of share by plaintiff/daughter - Defendant denied the share of plaintiff by relying upon consent letter - Consent letter given for the purpose of entering name of defendant in revenue records - Said consent letter would not amount to a relinquishment of right, title and interest of plaintiff in suit schedule properties - Even said..........
Will -- Partition suit - Execution of Will in favour of three daughters to the exclusion of plaintiff/son - Will in question proved in accordance with law - Two properties bequeathed by father/testator in favour of his three daughters - Plaintiff was disinherited by father with respect to said two properties - Plea of plaintiff that there existed three properties not..........
Civil Procedure Code, 1908, Order 12, Rule 6, Benami Transactions (Prohibition) Act, 1988, Section 4, 2(9) -- Judgment on admission - Partition suit - Plea of benami property - Property in question claimed to be purchased in the joint names of plaintiff and four defendants - Defendant on the other hand took plea that property in question was actually purchased equally by..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Issue of limitation - Suit for partition and declaration that sale deeds in question are null and void - Sale transactions have been effected right from 1965 - Court ought to have framed an issue as to whether relief sought for as regards sale deeds was barred by law of limitation, irrespective of..........
