Partition -- Challenge as to - Once petitioner had participated in partition proceedings and has not raised any objection against Naksha Alif, mode of partition, naksha bey, naksha zeem, then after completion of partition proceedings, he cannot be permitted to re-open partition matter...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Final decree - Partition suit - Appellant already filed a memo of instructions to allot his 7/30 share with plaintiffs share in "A" schedule property along with his mother and one of sisters - He has not raised any objection during final decree proceedings nor he preferred any appeal challenging final decree..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101, 103 -- Execution - Objections - Compromise decree in a suit for specific performance - Objection regarding suit property is joint family property - However, objector already filed a suit for partition against JD and DH is also a party in said suit - Therefore, right, title and interest if any of objector..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Defendant raised an objection that plaintiff is not in possession of suit property - However, it nowhere reflects from pleadings of plaint that plaintiff is not in possession of suit property - Moreover, it would remain left open for defendant to raise such objection in written statement..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition suit - Compromise decree - Objection as to inexecutability of decree - Compromise decree cannot be said to be inexecutable merely because property which came to defendant's share is possessed by some persons, who were not party to suit - Objection raised by defendant regarding executability of decree is..........
Punjab Land Revenue Act, 1887, Section 16 -- Sanad takseem - Plea of petitioner that order of Collector allowing appeals was without jurisdiction - However, he never objected to maintainability of appeals - Appeal before Collector could have been objected to after the same was filed - If such a objection had been raised it may have been held that post issuance of sanad..........
Succession Act, 1925, Section 263 -- Will - Revocation of probate of Will - Non-issuance of citations to rightful parties - U, registered Will of 1961 sought to be propounded after lapse of more than 20 years in 1982 - Will probated without issuing any citation to mother of applicant who was younger daughter of testator, a legal heir - No objection certificate appended..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Decree in favour of plaintiff and defendant nos. 3 to 9 - Appeal filed by defendant No.2 - No cross-objection or separate appeal filed by plaintiff and defendant nos. 3 to 9 - Appellate Court cannot grant larger relief in favour of plaintiffs, which were not granted by trial Court, particularly when no..........
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..........
