Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Suit for partial partition dismissed - Subsequent suit seeking separate possession by way of partition - Not barred by res-judicata or O.2.R.2 CPC...........
Co-sharers -- Suit for partition - Family living separately without recording any family settlement in revenue record - Said separation does not lead to conclusion that property is partitioned by metes and bounds...........
Court Fees Act, 1870, Section 7(viA) -- Court Fee - Partition suit - Defendant not denied the possession of plaintiff - Question of Court fee in accordance with S.7(vi-A) of the Act, would arise only when plaintiff's possession is denied - Since there was no denial by defendant as neither an affidavit in support of objection regarding deficiency of Court fee nor any..........
Partition -- Preliminary decree - Defendants transferred their undivided share in property in favour of plaintiff - Assessment made by lower appellate Court and High Court that plaintiff entitled to share of defendants held, proper - However, there is small error which needs to be corrected - The addition of 1/24 share of defendant no.1 and 1/4th share of defendant no.2..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Amendment sought to introduce word `not' in the lines which read that partition of the land is with the consent of co-sharers - Application dismissed due to lack of expression "despite due diligence" - Held, mere technicalities should not come in the way of parties seeking relief..........
Partition -- Sketch map of suit property - It is not possible to give effect to partition decree without sketch map of suit scheduled property...........
Partition -- Sketch map of suit property - Plaintiff sought partition of suit property in terms of plan produced by him - As such, plaintiff cannot be permitted to say that map produced was not the map filed by him - Court at the time of passing decree should have made said map as a part of decree so that partition could have been effected as per said sketch - Trial Court..........
Hindu Succession Act, 1956, Section 29A(as -- Right of daughters to claim partition - Ancestral property - Only u, married daughter of a coparcener is entitled to claim partition of Hindu Joint Family Property - Since plaintiffs are married prior to commencement of Amendment Act, they were not coparceners in Hindu Joint Family Property - Plaintiffs held, not entitled to..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Withdrawal of - Partition suit - Purpose of a compromise is to resolve a dispute between litigating parties - Since alleged compromise filed by plaintiff would not resolve dispute between parties, trial Court rightly rejected the compromise application...........
Partition -- Private partition carried out by parties even if it has not been incorporated or affirmed by revenue authorities, still it is legal and valid and cannot be ignored by Courts...........
