Civil Procedure Code, 1908, Section 2(2), Partition Act, 1893, Section 2, 3, 4 -- Decree - Order made u/ss 2 to 4 of Partition Act is a deemed decree within the meaning of S.2(2) CPC...........
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..........
Evidence Act, 1872, Section 112 -- Partition suit - DNA test - Paternity of daughter disputed by father - Father cannot file an application to send daughter for DNA test - Father has to adduce evidence in any other manner to prove that plaintiff is not his daughter - Application rightly dismissed...........
Indian Contract Act, 1872, Section 29 -- Suit for partition - During pendency of suit plaintiff executed undertaking qua plaint schedule item No.6, in favour of defendant whereby plaintiff agreed to be satisfied with whatever amount defendant may give him at the time of sale of such item of property - Terms are vague and uncertain - Period within which property is to be..........
Partition suit -- Plaintiff is legally wedded wife of deceased - Deceased married to first defendant during subsistence of his marriage with plaintiff - First defendant thus, cannot be regarded as legally wedded wife of deceased, however, two children born to first defendant and deceased are illegitimate children and entitled to claim share in suit properties - Even,..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9, 3 -- Condonation of delay - Abatement of suit - Partition suit - Delay was occasioned due to petitioners being unaware of pendency of suit - Explanation offered by petitioners is plausible and ought to have been accepted by trial Court - In a suit for partition, it is in the interest of all..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to be introduced in relation to partition decree is neither relevant nor bona fide - Same has been sought to be introduced at a belated stage without providing any justifiable explanation for delay - Amendment application rightly rejected qua partition..........
Succession Act, 1925, Section 372 -- Succession certificate - Dispute regarding status of legally wedded wife - Rival claims - Parallel comprehensive suit for partition pending - It is not appropriate for High Court to decide status of parties in a summary proceeding - Parties to establish their legal status through evidence in the pending civil suit - Based on the decree..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit land is joint in nature and partition has not yet taken place - Defendant No.2 admitted the case of plaintiff and defendant No.1 stated that agreement is a forged and fabricated document - In respect of contradictory site plans, same is a matter of evidence and..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Abandonment of part of claim - Partition suit - Plaintiff admitted in plaint that item-II of suit property is a joint family property - He cannot now turn around and say that he has no intention to include said property and has no intention to proceed with the same - Affidavit is silent for what reasons plaintiff intends to..........
