Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for partition - Earlier suit dismissed in default - Plea of res judicata not sustainable as (i) there was no adjudication in the earlier proceedings; (ii) suit being one for partition, so long as co-ownership continues, there is no bar to maintain the present suit...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Court - Suit for specific performance - Suit filed in the year 2006 and judgment passed in 2010 - Judgment sought to be marked is in respect of a partition suit filed in the year 2014 in between defendants and his family members who are claiming rights over property - Application dismissed as..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Motive - Deceased instituted partition suit against his brother/A-9 and said suit was decreed in favour of deceased - It was annoyance with said litigation that A-9 and his family members decided to do away deceased and his family members for which they took help of their friends A-4, A-5 and A-7 - There was thus, clear..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating or encumbering suit property till disposal of suit - Partition suit - Defendant contended that there was already partition deed of the year 2008 - Right of plaintiff is to be ascertained in the trial and matter is to be considered on merits - If nature of..........
Hindu Marriage Act, 1955, Section 16 -- Children born out of void and voidable marriage - Once the status of children is established as extended family of propositus, irrespective of whether the marriages of mothers of children with propositus is void or voidable, children are entitled to a share in the property of notional partition in favour of propositus...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Partition suit - Normal rule relating to abatement in a suit does not apply to suit for partition - Order allowing application for substitution by condoning delay is proper...........
