Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA Test - Partition suit - Status of plaintiff as a member of family is denied by defendants - Plaintiff himself has taken risk of seeking DNA profiling to prove his claim that he is member of family - However, both the persons whom plaintiff is claiming to be his parents are not alive - Person who according..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that sale deed is null and void and for injunction - Will basis of claim of plaintiff not proved to be in accordance with law - Whether any partition with respect to survey number in question had taken place or not is not borne out from record - Suit property was never recorded in the name of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of third party - Partition suit - A party on the basis of agreement to sell in his favour cannot seek his impleadment as a party in a suit for partition as he is neither a necessary party nor proper party to be impleaded - No right is created under agreement for sale except right to seek specific..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit before revenue Court - Impleadment sought on the basis of agreement to sell in their favour - Mere execution of agreement to sell does not create any right in favour of respondents - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit along with cancellation of sale deed - Trial Court partly decreed the suit in favour of plaintiff but refused to grant relief in respect of sale deed - However, trial Court delivered the judgment without disposal of application filed u/s 45 of Evidence Act in which plaintiff specifically pleaded that..........
Partition -- Plea of partial partition - Defendants have failed to establish that properties listed by them in written statement which were not included by plaintiff in partition suit were actually joint family properties and thereby available for partition - When defendant failed to establish the same, onus does not shift to plaintiff to rebut the presumption - Suit not..........
Partition suit -- Suit dismissed qua four items of suit properties - Alleged oral relinquishment of said properties discarded by trial Court being not proved - No evidence is adduced that properties in question were purchased only out of joint family funds in the names of members of joint family thereby entitling plaintiff to a share in the same - Suit rightly dismissed..........
Civil Procedure Code, 1908, Section 10, 151, Order 4A -- (As in UP) - Stay of subsequent suit - Earlier suit is one for declaration and subsequent suit is for partition - Both the suits are pending in the same Court - Continuance of subsequent suit is contingent upon findings of prior suit - To avoid conflicting findings when there are identical issues in both the suits..........
Partition suit -- Necessary party - Where a person in a suit for partition is interested in its result and is entitled to a share, he must be regarded as a necessary party...........
Partition -- Preliminary decree - Challenged by purchaser from one of the co-sharers that his rights are adversely affected as he has spent huge amount in raising construction - Appeal was dismissed but a direction was issued to demolish the construction on the suit plot forthwith - Demolition of already constructed buildings may not be in the interest of any of the..........
