Civil Procedure Code, 1908, Order 2, Rule 4 -- Joinder of cause of action - Leave of Court - Provision of O.2.R.4 CPC has no application to suit for partition of ancestral property - It applies only to suit for recovery of immovable property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition of ancestral property - Suit land belonged to predecessor-in-interest of parties - After filing suit, information as regards execution of registered Will in favour of husband of defendant, came to the knowledge of plaintiff who by amendment wanted to challenge the same - Held, mere..........
Hindu Law -- Partition of joint family property claimed by a Christina lady and her daughter - Marriage of a Christian lady with a Hindu male - No evidence that Christian lady has followed all Hindu customs and rites after her marriage or she was converted to Hindu before marriage - Thus, she failed to prove that she is the legally wedded wife of the deceased Hindu - She..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition and separate possession - Plea of partial partition - Plaintiff having no right in property alienated before his birth - That property rightly not included - It cannot be held that it is a suit for partial partition...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of defendant as plaintiff in a suit for partition - In a suit for partition every plaintiff is a defendant and defendant is plaintiff - Every legitimate sharer can claim partition and allotment of his share - It is just and expedient to allow the application to come on record as plaintiff and prosecute the..........
Partition -- Joint property is liable to partition as the right to partition is an incident of joint ownership...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement - Partition suit - Death after passing of preliminary decree - Non impleading of L.R's - Cannot be regarded as an abatement in respect of the entire suit...........
Limitation Act, 1963, Article 110 -- Joint Family Property - Suit for partition - Defendant claiming to be exclusive owner - Right to sue commences from the date when plaintiff comes to know that he is excluded from the property and defendant claimed to be exclusive owner...........
Agreement to sell -- Suit for specific performance - Agreement to sell on behalf of self and on behalf of other joint owners - Other co-sharers not consented for the intended sale - Agreement to sell does not bind other co-sharers - Plaintiff can seek specific performance of the agreement in respect of the proportionate share in the property if the agreement is admitted -..........
Registration Act, 1908, Section 17(1)(b) -- Partition or family arrangement or settlement - Some of the coparceners excluded from the joint family property - Shows that it is not partition deed - Though there is division of shares as there was dispute over possession and intention was to inform the Revenue Authorities for effecting mutation and to bury the dispute as such..........
