Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC will not apply to suit for partition, as cause of action in such a suit would be recurring one...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction without seeking relief of partition and possession is maintainable, as plaintiff has approached the Court with a claim that he is co-sharer and co-sharer are presumed to be in possession of entire property - Cause of action is very well shown in the..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - Withdrawal of suit without obtaining permission for filing a fresh suit - Plaintiff is not debarred from filing a fresh suit for partition as cause of action for filing suit for partition is recurring one...........
Police protection -- Claimed by daughter in law restraining father-in-law and his relatives not to evict her forcibly from matrimonial home - Action of police in helping daughter-in-law with one year child in her lap in getting inside the house when exposure of cold could have proved fatal to infant cannot be said to be illegal, arbitrary or unjust - Whether or not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Sale of property, of which ownership derived, by partition and memorandum of partition - Partition and memorandum of partition not denied - Claim of right of pre-emption or repurchase - Sale of property of which ownership derived by partition and memorandum of partition are legal rights..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Suit property is in the custody of defendant, who claimed to have purchased it under a registered sale deed - Said sale deed is however, challenged by plaintiffs who claimed that it was obtained by impersonation - Whether the property belongs to..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Party to decree cannot maintain an obstructor's application U.21.Rr.97, 101 r/w S.151 CPC that too without taking up a contention as to accrual of a independent cause of action that would legally constitute a ground for obstruction to execution of..........
Hindu Succession Act, 1956, Section 6(as - - Right of married daughter to file partition suit - Retrospective application of daughter`s right in co-parcenary property was not available when earlier partition suit filed in 2004 came to be decreed - Daughter held, justified in filing subsequent suit for partition, as fresh cause of action has arisen to her to maintain the..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be raised in a suit for partition, as it can be brought in respect of any claim that can be subject matter of an independent suit - Counter claim cannot be confined only to money claims or to causes of action of same nature as original action...........
