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...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings of fact on record that there is a temple existing on the suit land and therefore suit land cannot be partitioned - Existence of Smadhis on the suit land was also accepted by both the Courts - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 22(2), Specific performance -- Relief of possession - S.22 of the Act in order to avoid multiplicity of proceedings, allows plaintiff to amend the plaint to include a claim for relief of possession, partition etc. at any stage of proceeding...........
Will -- Execution of Will by mother in favour of plaintiff - Father is disputing the alleged execution of unregistered Will executed by his wife - Burden is on plaintiff to prove the alleged unregistered Will as per the provisions of Ss.68, 69 of Evidence Act - Since alleged Will is not proved by plaintiff trial Court rightly ordered for partition of the plaint-C schedule..........
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...........
Hindu Succession Act, 1956, Section 14(1) -- Property of female Hindu - Life interest given to woman under partition deed - Thereafter property will devolve upon by succession...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property has been partitioned in view of subsequent development and instrument of partition has been prepared - There is severance of status between co-sharers - Co-sharers are entitled to take possession in implementation of instrument of partition - Prayer for injunction thus, become infructuous...........
Evidence Act, 1872, Section 115 -- Estoppel - Partition suit - Plaintiff admitted title of defendant no.1 to the extent of part of suit property in earlier proceedings - Having admitted said facts in earlier proceedings, plaintiff is estopped to claim that whole of property belongs to his paternal grandfather - Plaintiff thus, failed to prove the foundational fact that..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Partition suit - Plaintiff and defendant are siblings and delay is only 92 days - One opportunity be given to plaintiff in the interest of justice to put forth her case on imposition of terms and cost - Suit restored subject to..........
