Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Partition suit - Suit decreed in favour of plaintiffs by High Court holding that Will alleged by defendants in their favour to the exclusion of wife of testator is not true and valid - Defendant contended that suit wrongly decreed as wife of testator does not complain about not getting any property under Will and..........
Hindu Law -- Joint family property - Partition - Plaintiff failed to prove that suit property was joint family property - No evidence that release deed in favour of defendants is unfair and prejudicial to the interests of plaintiffs - Suit was barred by principles of constructive res judicata on account of withdrawal of earlier suit filed by father of plaintiffs and..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Title - Possession - Suit for declaration that plaintiff is in actual possession of suit land and orders of partition passed by revenue authorities were inoperative against him - Partition proceedings duly ordered by Revenue Courts - Suit property had fallen to share of respondents and..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27 -- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition suit - Amendment of plaint - Impleadment - Application moved by plaintiff praying that some of defendants be deleted from array of parties and some co-sharers not impleaded in original plaint be added as defendants allowed by Court below observing that same has not been..........
Punjab Land Revenue Act, 1887, Section 117 -- Partition proceedings - Abeyance of - Claim of petitioner is based on an agreement to sell - Suit for specific performance is pending where respondent No.3 has been restrained from alienating suit property - Said suit was filed in year 2008 and is yet to be decided - Both parties are recorded as owners of disputed land - Held,..........
Transfer of Property Act, 1882, Section 52 -- Warrants of possession - Objections - Suit for partition, declaration and permanent injunction decreed - Execution proceedings - Objection of JD that a registered power of attorney has been executed in his favour authorizing him to manage and take care of suit premises and thus he is not liable to hand over possession - Said..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after commencement of trial - Grant of permission - Validity - Held, prior to insertion of proviso clause to O.6.R.17 CPC, it was permissible for Court to allow belated amendment by compensating other side by awarding costs - But, pursuant to insertion of proviso, no application for amendment shall be..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Under-valuation of partition suit - Determination of - No specific averment in plaint to the effect that plaintiffs have been excluded from possession of property in question - It is specifically pleaded that plaintiffs and defendant are co-owners of suit properties - It is further stated that "the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Initial suit was merely seeking relief of declaration of right, partition and injunction in respect of jointly owned family property, challenging relinquishment deed on ground of alleged fraud played by respondents herein - Defendant contested suit on ground that he was given in adoption - Plaintiff..........
