Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Practice and procedure -- Jurisdiction of Court by consent of parties - Court/Authority having no jurisdiction in the matter cannot be conferred jurisdiction by parties with their consent and order passed by said Court/Authority having no jurisdiction over subject matter is a nullity in the eyes of law. Legal Services Authorities Act, 1987, S.20 - Award of Permanent Lok..........
Legal Services Authorities Act, 1987, Section 20 -- Award of Permanent Lok Adalat - Setting aside - Partition suit - Permanent Lok Adalat can only resolve dispute in relation to public utility services - Subject matter of partition suit does not relate to any public utility services over which Permanent Lok Adalat can exercise jurisdiction - Award of Permanent Lok Adalat..........
Civil Procedure Code, 1908, Section 151, Partition Act, 1893, Section 3 -- Partition suit - Auction sale - Property cannot be beneficially partitioned into six equal shares and even if it is divided, its value would be diminished as per report of Advocate Commissioner - No objections were filed by any of parties regarding report of Advocate Commissioner - Auction of..........
Agreement to sell -- Specific performance - Execution of agreement to sell during pendency of partition suit - There was no encumbrance or dispute over suit property except partition suit - Suit property could still be sold and transferred - Plaintiff was aware of pending suit while executing agreement to sell which was agreed despite pending litigation - Even, plaintiff..........
Partition suit -- In a suit for partition every interested party is deemed to be plaintiff...........
Partition suit -- No bar in passing numerous preliminary decrees in a suit for partition...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for partition and permanent injunction - It is not open for plaintiff to claim property to be ancestral during lifetime of his father and to have share in it - Suit is barred by law - Plaint rejected...........
