Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to include some properties - Plaintiff in a partition suit may not be aware of all properties sought to be partitioned of common ancestral properties and if during pendency of case, acquire such knowledge about some more properties that need to be partitioned or included..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff came to know about properties that are now proposed to be included in suit schedule properties only after analyzing admission of defendants - Proposed items of properties, could not have been brought on record prior to commencement of trial, despite due diligence by plaintiff -..........
Partition -- Plaintiff had no knowledge about execution of partition deed of 1990 as alleged by defendants - Moreover, plaintiff is not a party to said partition deed - Courts below has rightly held that defendants failed to establish that plaintiff has received a sum of Rs.10,000 towards her share - As regarding plea of ouster taken by defendants, in the absence of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plaintiff is claiming his right in suit properties, which are alienated in years 1972 and 1975 - He attained majority in the year 1978 and was aware about aforesaid transactions in exclusion of his alleged right - However, plaintiff has no explanation for 43 years delay to assail..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Res judicata - Suit for declaration that compromise deed is null and void and for partition - Suit is barred U.O.2.R.2 CPC as it did not include all the properties which were part of their earlier suit - Even, suit is hit by principles of res judicata or by constructive res judicata as..........
Partition suit -- Evidence of PW1 and DW1 would reveal that with knowledge of defendants, suit item Nos.1 to 14 have been jointly purchased in the name of plaintiff - When name of plaintiff is found in document relating to suit item Nos.1 to 14, either it has been purchased for his welfare or he has contributed his share amount - Defendants have failed to establish their..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought for addition of some more properties and also to correct extent of properties already included - Mistake as in suit property, omission and also error in the extent, came to notice of plaintiffs as stated during discussion with new counsel - Amendment sought does not..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree - Question of delivery of properties is a matter to be considered at the stage of execution and is not a matter falling for contemplation in the final decree stage...........
Partition -- Preliminary decree - Modification - Father of parties died intestate pending appeal - Share of father has to be allotted to LRs on record - Suit properties divided into six equal shares and plaintiff is entitled to one such share in it...........
