Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Partition suit - Plaintiff is descendant from one of branches of common ancestor while respondents are alienees of property from members of other branch of same common ancestor - Not a case where there is no cause of action for plaintiff to seek partition - Order rejecting plaint set..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Second appeal - Suit for partition - Court has discretion to implead any person at any stage for effective adjudication of suit - Court is competent to exercise this discretion even at second appellate stage to permit joinder of necessary parties to the suit - Once this permission is granted, order..........
Partition -- In the absence of plea of adverse possession by any of the parties, suit cannot be dismissed as barred by limitation...........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharer in exclusive possession - Defendant rightly injunction from interfering and forcibly dispossessing - However, plaintiff restrained from changing nature of land or alienation of land - Defendant has right to seek partition of property...........
Hindu Succession Act, 1956, Section 6, 23 -- (as per 2005 amendment) - Co-parcenary rights of daughter - Suit for partition of undivided dwelling house - S.6 confers rights on daughters irrespective of when they are born - Omission of s.23 from 1956 Act confers right on Class-I female heir to claim partition in dwelling house without any eventualities - Hence, plaintiff..........
Partition suit -- Partial partition - Difference in the mode of acquisition of suit property and other properties - Parties to the suit are not the only owners of other properties - Held, suit for partial partition is not bad as other properties not included are not acquired by the parties to this suit and those others have nothing to do with the property to which this..........
Specific Relief Act, 1963, Section 34, 38, 39 -- Suit for declaration, permanent and mandatory injunction - Ex parte evidence - Defendants not contested the suit and proceeded ex parte - Plaintiff by way of his ex parte evidence proved its case that she along with defendant Nos.1 and 3 purchased the property and verbal settlement arrived at between them with respect to..........
Rent and Eviction -- Single or different tenancies - Tenant in possession of entire portion of suit premises and there being one entry to the suit premises which comprises a hall with inner partition, the balance tilts in favour of landlord regarding tenancy being one...........
Partition -- Parties residing separately since more than 70 years, mess is separate, residence is separate, properties are acquired separately - Even, parties are recorded separately in revenue records of rights - Moreover, presumption of jointness in favour of plaintiff is very weak as he is 4th generation from the founder, who himself admitted separation between the five..........
Partition suit -- There is no limitation for applying and obtaining final partition decree and till passing of complete final decree, suit is deemed to be pending...........
