Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing that the disputed property..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Suit property is in the custody of defendant, who claimed to have purchased it under a registered sale deed - Said sale deed is however, challenged by plaintiffs who claimed that it was obtained by impersonation - Whether the property belongs to..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Party to decree cannot maintain an obstructor's application U.21.Rr.97, 101 r/w S.151 CPC that too without taking up a contention as to accrual of a independent cause of action that would legally constitute a ground for obstruction to execution of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Application for re-adjudication of rights sought by petitioner who is party to decree on the ground that property vested in a widow goes to her hands by divestation, as she contracted second marriage - However, no widow can be deprived of property..........
Civil Procedure Code, 1908, Order 26, Rule 13 -- Appointment of Commissioner - Partition suit - Preliminary decree - Earlier application for appointment of Commissioner was not pressed and on same day present application filed for praying for appointment of Commissioner to carve out share of DH in house property and movable property - Explanation given by DH that earlier..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment of plaint sought to introduce additional properties in the suit - She explained that despite due diligence she did not have knowledge of properties now sought to be introduced to prayer column of plaint in due course - No prejudice will be caused to other..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Suit for Partition - Objections - When a party to suit, who is wrongly impleaded and has not raised any claim in respect of subject-matter of the suit, if found at the end of the trial, to be unnecessary party, then he cannot be said to be a party to the suit for the purpose of S.47 CPC -..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Defendant filed suit for partition against plaintiff and plaintiff filed a suit for cancellation of sale deed and to declare it null and void and for permanent injunction - Parties to suit are also different and nature of case is also different - Application filed by defendant for staying suit filed by..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Co-sharer - A co-sharer in exclusive possession of part of joint land is entitled to protect his possession by filing suit for injunction against other co-sharer - Till partition defendant cannot interfere in the possession of plaintiff illegally and forcibly, except in due course of law...........
Partition suit -- Ancestral properties or self acquired properties - Suit properties not purchased in the name of wife/defendant by husband from funds received by selling of ancestral properties - Plaintiffs even failed to discharge the onus to prove that sale deeds executed in favour of defendant were benami transactions - Suit properties except item nos.1 and 3 (which..........
