Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
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...........
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...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Partition suit - Trial Court ignoring the fact that all sharers have not been made as parties and proceeded to decree the suit despite there is specific contention taken in written statement regarding non-joinder of necessary parties and also there is previous partition - Impugned order of rejecting..........
Partition suit -- In a suit for partition every interested party is deemed to be plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Partition suit - Serious triable issues arise in the case which need to be determined in the course of trial - Creating third party interest inducting third party by way of sale or otherwise would complicate the matters further - Preservation of property as it exists is therefore necessary and in the..........
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..........
