Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Amendment is permissible once Appellate Court sets aside the judgment and decree and remands suit for decision afresh - Amendment sought (i) regarding partial partition and (ii) regarding valuation of the suit - It does not change nature of suit -..........
Partition -- Partial partition - Not impermissible in all events - Suit for partial partition is recognized under some of the circumstances, viz. (i) where different portions of family property are situated in different districts, separate suits for partition for lands of each district may be brought; (ii) it may be allowed when portion of joint property at the time of the..........
Partition -- Partial partition - If the property is not joint family property and parties are not coparceners but are only co-owners or tenants-i, common, rule of partition is not so rigid and even partial partition can be allowed if there is not much inconvenience to other sharers...........
Partition -- Partial partition - Normally when a partition is sought through intervention of Court, general rule is that entire joint property owned by co-owners, whether as joint tenants or tenants-i, common, must be brought into hotchpot for division by Court...........
Partition -- Partial partition - Plaint in a suit for partition must embrace only such property in which plaintiff has community of interest and unity of possession - Where a purchaser acquires an interest in the coparcenary property, transfer really effects a severance of joint status in respect of the property transferred and he becomes a tenant-i, common in respect of..........
Hindu Law -- Partial partition - Partial partition is prohibited for a good reason as partition has effect of breaking up a joint Hindu family - If such a family is disrupted, it stands to reason that family should break up completely and whole family property should be divided...........
Partition -- Partial partition - Rule against partial partition is only one of equity and convenience - It is better to limit rule in its application to properties over which parties have community of interest and unity of possession - If partial partition can be had without inconvenience to the other sharers and if it will not stand in the way of equities being adjusted,..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Liberty to file afresh suit - Partition suit - One of property left out - Left out property came to knowledge of plaintiff after filing of suit - Suit for partial partition will fail - Liberty granted to institute fresh suit on same cause of action...........
Partition -- The rule, that a suit for partial partition is not maintainable, is not an absolute rule...........
Partition suit -- Partial partition - Difference in the mode of acquisition of suit property and other properties - Parties to the suit are not the only owners of other properties - Held, suit for partial partition is not bad as other properties not included are not acquired by the parties to this suit and those others have nothing to do with the property to which this..........
