Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution - Partition suit - Decree for all purposes determined the entitlement or right to possession, mesne profits and first option regarding the mode and manner of working out shares in the event of default in the sale of subject matter - Direction to file a fresh application after passing of a Final Decree is completely..........
Will -- Suspicious circumstance - Execution of Will in favour of daughter - Plaintiff is second wife of testator having her own income - Defendant is daughter of first wife of testator and his only offspring, who lost her mother immediately after her birth - It is quite natural that such a father shows more affection to his daughter - Conduct of testator in deciding to..........
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..........
Partition suit -- Co-sharers - Defendant and plaintiff are real brother and sister and property was purchased in joint names of parties - Execution of sale deeds in joint name itself has been admitted by defendant - Defendant was in actual possession of suit property - However, merely because plaintiff was residing separately does not mean that she has no right over suit..........
Partition suit -- Co-sharers - Execution of sale deeds in joint name of both plaintiff and defendant itself has been admitted by defendant - However, defendant has taken two contradictory pleas i.e. one that he is in exclusive owner in possession of suit property and the other, that he has become owner of suit property on basis of adverse possession - Plea of adverse..........
Civil Procedure Code, 1908, Section 54 -- Partition - Pendente lite transferees - Appellants can raise appropriate claim before Collector in execution of decree transmitted u/s 54 CPC being representative of interest of his vendor and claim the right under JD, as he would be representing JD, decree can be enforced against him - However, he can definitely seek equitable..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
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...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - During pendency of partition suit or during period between passing of preliminary decree and final decree in the partition suit it is open to a party to seek modification or enhancement of his shares till the passing of final decree - Once final decree is passed suit terminates and remaining issues are to be..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Suit for Partition - (i) In cases when exclusion of Civil Court's jurisdiction is expressly provided for, consideration as to scheme of statute in question and adequacy or sufficiency of remedy provided for by it may be relevant but cannot be decisive; (ii) Where exclusion is pleaded as a matter of necessary..........
