Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu law - Joint family property - Partition - There had been a disruption in the joint family many decades ago - There was also separate selling and purchasing of properties, raising separate fund executing Will or executing gift deed - Held, if parties for a long time have independent management of properties which by..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Preliminary decree - There is no impediment in passing of more than one preliminary decrees, if after passing of the preliminary decree and before the passing of the final decree, there is change of circumstances...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Preliminary decree - In a suit for partition of immovable property, if such property is not assessed to payment of revenue to the government, ordinarily passing of a preliminary decree declaring the share of the parties may be required...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Preliminary decree - Decree merely declares rights and liabilities, leaving the actual result to be worked out in further proceedings for purpose of partitioning suit property by metes and bounds between parties - Held, decree passed by trial court is a preliminary decree...........
Civil Procedure Code, 1908, Order 20, Rule 4 -..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was presented - Gift deeds were..........
Civil Procedure Code, 1908, Order 20, Rule 3(as, Civil Procedure Code, 1908, Order 49, Rule 3(5) - - Recall of judgment - Judgment pronounced in open Court - Not signed - Inadvertent mistake detected in Judgment - Judge can recall, alter and correct relevant part of judgment after notice and fresh hearing...........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 1 -- Ex parte preliminary decree - Pendency of application for setting aside - Passing of final decree - Effect - Held, pending an application to condone delay in filing an application for setting aside ex parte preliminary decree, if a final decree is passed, on setting aside of ex..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment on admission - Framing of issues - Necessity of - Held, necessity to frame issues, much less to record evidence is obviated in cases where claim of plaintiff is admitted by defendants at threshold - If admission is in its..........
Civil Procedure Code, 1908, Section 33, Order 20, Rule 7 -- Judgment and decree - Dates thereof - Held, date of decree would be same on which judgment was pronounced but signature of Judge on decree shall be made or can be made subsequently when he is satisfied that decree has been drawn up in accordance with judgment - Therefore, date under signature of Judges on decree..........
