Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order under challenge is in accordance with law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order challenged by purchaser of undivided interest - While drawing a preliminary decree, a stranger purchaser has no say in the suit - Writ petition at the instance of stranger purchaser, dismissed...........
Partition suit -- Oral partition had taken place between three sons of original owner - One of sons sold certain portions of suit properties - Predecessor of plaintiffs also purchased certain specific portions of suit properties from said son - There is thus, partition between parties and brothers were enjoying the properties as their absolute properties - Suit for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Non-impleadment of a purchaser of one item of suit property would be fatal to suit in respect of said property, as he is necessary party to suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff filed the suit only in respect of share due to his mother - Applicants already got their share in respect of suit properties - By impleading proposed parties, scope of suit cannot be expected beyond the purpose for which suit has been filed - Applicants are not necessary..........
Partition suit -- Plaintiff in plaint mentioned that partition never took place but during cross-examination he admitted that they were residing separately and he had tenant in his portion - He also admitted the fact that he had taken separate electricity and water connection in the year 1981 and they were cooking food separately from 1977 - Defendant had raised..........
Oral partition -- Partition can be oral, but a party who pleads oral partition is duty bound to establish the same by convincing evidence...........
Partition suit -- Plea of oral partition - Defendant pleaded that there was oral partition between parties and plaintiff has lost his right in the properties allegedly allotted to defendant in oral partition by ouster - However, defendant neither raised necessary pleadings nor adduced any evidence in this regard - Defendant thus, miserably failed to prove oral partition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to correct the North and South boundary of suit property - Defendant himself stated in counter raised to the application that description of suit property was incorrectly given by plaintiff - No plea of malafide was taken by defendant before trial Court - Defence taken..........
Partition suit -- In a suit for partition payment of LIC policy amount cannot be decided...........
