Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - Suit for declaration and partition - Amendment sought to change area of suit plot and also to add co-sharer in said property - Plea that defendant could not disclose every aspect to their lawyer regarding suit property, which were detected at belated stage, is vague - Such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration and partition - Amendment sought to change entire area of plot to lesser area admitted in written statement - Amendment cannot be allowed as it amounts to withdrawal of admission in written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - Suit for declaration and partition - Addition of co-sharers - Defendant seeking to introduce existence of co-sharer in said property, who never found place in original written statement - Amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issues - Partition suit - Issue with regard to maintainability of suit and non joinder of necessary parties - Cannot be decided as preliminary issue...........
Partition -- Agricultural land - Can only be partitioned by competent authorities as per provisions of Punjab Land Revenue Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement and introduction of counter claim - Suit for partition - Amendment sought discloses necessary facts for proper adjudication of suit and to avoid multiplicity of litigations - More so, counter claim filed within 1 year and 4 months i.e. within prescribed period of 3 years from date of cause of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of plaintiff that they purchased suit property from original owner but name of legal heir of original owner is wrongly mutated in revenue record - Remark column of revenue record shows that legal heir of original owner sold suit property to defendants - Plaintiff filed suit belatedly after partition..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue regarding whether parties are co-owners/co-sharers or not is decided against plaintiffs in previous suit for permanent injunction - In previous judgment as well as in present litigation, there is proceedings for partition of property before competent authority and Court recorded finding in previous judgment..........
Civil Procedure Code, 1908, Section 96 -- Appeal by person not party to suit - Leave to appeal - Partition suit - Preliminary decree - Appellant is transferee pendente lite - He is in possession of suit property and is directly affected by preliminary decree passed in partition suit - Appellant held, permitted to file appeal against preliminary decree - Application for..........
Partition suit -- Plea of ouster - Defendant claims exclusive right over suit property by plea of ouster - However, documents produced by defendant have not disclosed his absolute ownership over suit property - Documents relied upon by defendant were not executed with knowledge of mother of plaintiffs and further more it was behind her back - Plea of ouster thus, negated..........
