Civil Procedure Code, 1908, Order 2, Rule 2 -- Joint Family Properties - Suit for partition - Whole of properties not included - Second suit for partition of left out properties - Not barred U.O.2.R.2 CPC. - A portion of the joint property when excluded from partition by mistake, accident or fraud then such property remains to be the joint property of the family and it..........
Hindu Succession Act, 1956, Section 14 -- Coparcenary property - Where a coparcener takes definite share in the property, he is owner of that share and as such he can alienate the same by sale or mortgage in the same manner as he can dispose of his separate property - Purchaser of a coparcener's undivided interest in joint family property is not entitled to possession of..........
Hindu Law -- Coparcenary property - Plaintiff/daughter of pre-deceased son of deceased father, claiming 1/3rd share in joint family property which was held by deceased in joint with his 4 sons - Plea of plaintiff that there was no partition - Since father of plaintiff pre-deceased his father that too before 1956, Hindu Succession Act shall not be applicable - Instant case..........
Specific Relief Act, 1963, Section 21, 22 -- Reliefs that can be granted under Ss.21 & 22 of the Act are different in nature - Power to award 'compensation' u/s 21 and the power to grant 'any other relief to which the plaintiff may be entitled' u/s 22 of the Act are independent and they operate in a different sphere - Under S.21 of the Act Court can award compensation in a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition - Averment in plaint that plaintiffs are scheduled tribes - Amendment sought to add that they are Hindus following Hindu religion and governed by Hindu Law - Plaintiffs not pleaded earlier that they are governed by customary law - No further evidence sought to be adduced - Amendment..........
Deeds and documents -- Deed of family partition - A document is to be interpreted not by its nomenclature but what is contained in the said document - Deed of family partition does not mean by nomenclature that it is a transaction in praesenti - Facts contained in deed itself shows that it is a memorandum of past transaction - Document held to be of past transaction which..........
Registration Act, 1908, Section 17 -- Family partition - Deed of past transaction - Does not require registration...........
Civil Procedure Code, 1908, Order 20, Rule 18(2) - - Passed in partition suit - Appeal against is in continuation of suit and decree cannot be aid to be made final - Preliminary decree does not mean that partition was effected but it only carves out shares of parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at the stage when case was fixed for final arguments - Partition agreement sought to be introduced by way of amendment was in existence at the time of filing written statement - Long delay - Amendment can be allowed even in case of long delay if acceptable material is placed before the..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Subsequent suit - Plea of private partition available but not taken in written statement in earlier suit - Such a plea cannot be taken in the subsequent suit for possession...........
