Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition - Preliminary decree already passed - Amendment sought at stage of final decree - Addition of properties ought which were covered under same set of facts already decided at time of passing of preliminary decree - Amendment sought will neither change nature of suit nor it will take other..........
Constitution of India, 1950, Article 21 -- Speedy Trial - Partition suit - Joint receivers allowed to continue for more then 12 years - Suits only awaiting the passing of final decree - The Court was called upon to play a more active role in dispensation of justice - Supreme Court observed unhappiness at the tardiness of the process of Court...........
Adverse Possession -- Suit for declaration of title on the basis of adverse possession - Co-sharer claiming adverse possession of the joint land - Co-sharers presumed to be in possession unless contrary is proved - Mere assertion of title by in itself not sufficient - Intention of possessing (animus possidenti) to be proved - Act and conduct of parties show intention of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for partition and cancellation of relinquishment deed - Earlier suit was for injunction against dispossession and against mutation - Plea in earlier suit that defendant had not fulfilled her part of agreement leading to relinquishment - Same cause of action in both suits - Pleadings also identical - Plaintiff in previous..........
Rendition of accounts -- Right of - Available only when relationship between the parties is such that the rendition of accounts is the only relief which will enable the plaintiff to satisfactorily assert his legal right - It is available to a partner of a firm for dissolution of partnership firm and accounts, suit by beneficiary against trustee/s, suits by a member of the..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Property mortgaged to Bank as collateral security - Suit for partition - Jurisdiction of civil court - Not barred - S.34 of the Act is a bar for the Civil Court to entertain the suits in respect of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from dispossessing plaintiffs from land in a suit for declaration that defendant No. 1 is owner of suit land as recorded in Jamabandi and plaintiffs are Gair Marusi tenants of defendant No. 1, there is relationship of landlord and tenant between the parties and defendant No. 1..........
Civil Procedure Code, 1908, Section 10 -- Stay of earlier suit - Not permissible - For stay of suit - Only provision is Section 10 - Two conditions under Section 10 are : (i) parties to two suits are the same, and (ii) prayer is for stay of later suit - Plea that since case relates to partition of immovable property and partition of house cannot be conveniently made..........
Civil Procedure Code, 1908, Section 10 -- First suit by V against D claiming a vacant piece of land setting up title to 3/4th as owner and remaining 1/4th by adverse possession - Second suit by D against V and his sister claiming partition of land - Previously instituted suit, matter in issue whether plaintiff V has become owner of 1/4th share of plot by adverse possession..........
