Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Without issuing notice to defendants/petitioners - Partition suit - Commissioner appointed to take measurements of suit property in terms of preliminary decree - While taking mere measurements of property which is to be partitioned, irrespective of presence of any of party, measurements..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of preliminary decree - Partition suit - Preliminary decree cannot be amended U.O.6.R.17 CPC unless a fresh preliminary decree is passed declaring augmented share - Once preliminary decree has attained finality and stage has progressed towards passing final decree, any claim for augmented share due to death of a..........
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, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
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..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of decree - Suit for Partition - Character, Nature, Scope, Type and Procedure of preliminary decree and final decree - Analysed...........
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...........
