Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Vague averments are sought in the application that suit is not maintainable before civil Court, as land is an agricultural land, thus, no partition or sub division of land can be ordered - However, no provision of law by virtue of which present suit is alleged to be hit or barred has been..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Ancestral/joint family properties were partitioned in 1964 and acted upon accordingly - Fresh suit for partition and separate possession of suit properties not at all maintainable being barred by principles of res judicata...........
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..........
Specific Relief Act, 1963, Section 34, Proviso -- Suit for declaration without seeking relief of possession - Maintainability - Parties succeeded to property jointly after death of deceased - They are co-sharers - Every co-sharer is deemed to be in possession of every part of joint property - Plaintiff can pray for delivery of actual physical possession in a partition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After passing of preliminary decree in partition suit, is maintainable, since suit is not terminated and proceedings are continuous...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit barred by law - Partition suit - Question as to whether suit is maintainable or not or whether plaintiffs are entitled for relief of partition, would have to be adjudicated after evidence is lead by both the parties - It cannot be concluded that suit is barred and plaint is liable to rejected..........
Partition suit -- Seeking relief of declaration against agreement set up by defendants - Alleged agreement to sell by itself does not create any right in the property, except right of obtaining sale deed on that basis - Suit for partition is maintainable without seeking declaration against agreement to sell...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Maintainability - Co-owners - Plaintiffs are co-sharers in suit property to the extent of 1/3rd share each - Every co-owner is deemed to be in joint possession of every inch of joint land even if same is in exclusive possession of one of co-owners - However, co-owner in..........
Partition suit -- Maintainability - When plaintiff himself admitted that he is an orphan and not established that he is legal heir, he is not entitled for partition - Partition suit not maintainable at the instance of plaintiff...........
