Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit on the basis of Will - Non-production of Will - Plaint cannot be rejected on the ground of non production of Will as averments of plaint are germane for deciding the application - Such issue can be examined in better way while deciding civil suit finally...........
Partition -- Not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations, for the reasons viz. (a) alienees as well as the co-sharer are still entitled to sustain the alienation to the extent of the share of the co-sharer; (b) it may also be open to the alienee, in the final decree proceedings, to seek the allotment of the transferred..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Partition suit - Property in question is ancestral property - Applicants had equal right of ownership in suit property as was enjoyed by plaintiff's father - Plaintiffs as well as applicant are living under one roof, their business, residence, telephone connection and gas connection are also common..........
Coal Mines (Nationalisation) Act, 1973, Section 3(1), 2(h)(xi), Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction decree - Validity - Orders evicting unauthorized occupants from public premises at mines area - Challenge as to - Acquisition and transfer of title and interest of owners of coal mines and vested in Central Government - Since..........
Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Wife despite passing of decree for restitution of conjugal rights, did not join the company of husband and failed to comply with said decree - Consequently, after passing of one year husband filed a petition u/s 13 of the Act for dissolution of marriage, which was accepted by Family Court -..........
Will -- Suspicious circumstance - Delay in seeking probate of Wills - Occasion for appellants to seek probate of Will arose only when respondents filed suit for partition, therefore there was actually no delay on the part of appellants in seeking probate - Order granting probate restored...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Claim of title was based on settlement of land - However, in absence of settlement of land in favour of plaintiff followed by evidence of possession, there is no infirmity in concurrent finding of facts recorded by Courts below while dismissing suit of plaintiff - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs claiming title over land on basis of inheritance from recorded tenant - They led evidence in support of their case - Defendants claims title on basis of settlement by Hukumnama - However, pleadings of defendants on these crucial facts has remained unsupported by evidence - In the absence of..........
Value Added Tax -- Assessment order - High Court directed departmental action against appellant with comments regarding competence of appellant to discharge quasi-judicial functions - At time of passing assessment orders, appellant had no other registered address of respondent on record - Therefore, his action of passing ex parte assessment orders could not have been..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay of 1246 days in filing application U.O.9.R.13 CPC - Address of defendant mentioned different in different documents - Making the defendant to suffer under an ex parte decree passed would be unjustifiable - Substantial justice should be done by giving due opportunity to..........
