Partition suit -- In partition suit, there can be more than one preliminary decree and even after passing of one or more preliminary decree, there can be more than one final decree that can be passed, even alteration of preliminary decree can be sought...........
Partition suit -- Once share is defined in preliminary decree to work out in final decree pursuant to preliminary decree after share is allotted and engrossed on no, judicial stamps, possession can be recovered as part of final decree proceedings, question of passing preliminary decree for possession does not arise...........
Partition suit -- Once there is preliminary decree and even earlier any final decree application filed and withdrawn - No bar to file fresh final decree application, as there is no limitation till passing of final decree, suit is deemed pending - Separate suit is not maintainable to work out preliminary decree - When such is the case, there is bar to maintainability of..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Partition suit - Dismissal in default - Bar to fresh suit on same cause of action - Not applicable to partition suit - Successive suit for partition on same cause of action, is maintainable till partition is effected by metes and bounds...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 8 -- Res judicata - Partition suit - Dismissal in default - Order of dismissal for non appearance of plaintiff in earlier suit does not operate as res judicata in subsequent suit...........
Partition -- Joint family property - Possession and cultivation of item No.3 was by family, however, patta was granted in the name of defendant for the benefit of entire family - Since, there was no division of status among defendants and plaintiffs, thus, they all are entitled to equal shares in item No.3 to the extent of 1.5th share each...........
Hindu Succession Act, 1956, Section 23(as -- Dwelling house - Right of female to seek partition - Female being class - I heir is now entitled to seek partition of dwelling house in view of amendment of S.23 of the Act - Even though suit filed prior to said amendment but since the lis is continuing in second appeal which is already admitted, there arises no legal objection..........
Partition suit -- Deceased had made the arrangement with regard to his property during his lifetime - Said arrangements had been subsequently recorded in Memorandum of partition, which was duly acted upon by revenue authorities - Suit property which had been divided by deceased was in occupation of respective parties - Said fact has also been recorded in revenue record -..........
Memorandum of partition -- Genuineness - Parties acted upon memorandum of partition - Genuineness of memorandum of partition was rightly not questioned by Lower Appellant Court - High Court was not correct in questioning it, particularly when plaintiffs had filed partition suit after more than 25 years of said understanding - Said document rightly accepted by lower..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10 -- Abatement of appeal - Partition suit - Once a preliminary decree is passed in a partition suit and plaintiff dies after passing of said decree, provisions of O.22.R.3, 4 CPC does not apply to any appeal - It is O.22.R.10 CPC which applies...........
