Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree merely declares rights and shares of parties and leaves room for some further inquiry to be held and conducted pursuant to directions made in preliminary decree and after the inquiry having been conducted and rights of parties being finally determined, a final decree incorporating such..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-consideration of evidence on record - Partition suit - High Court while deciding first appeal not considered the evidence on record - Suit was instituted in the year 1991, more than 3 decades ago - Evidence discussed by trial Court neither disputed nor demolished by..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Partition suit - Third parties who claim to hold an agreement of sale executed qua suit property by defendant no.1 are neither necessary parties nor proper parties considering the question involved - Even, plaintiff is opposing impleadment of third parties, which he is well entitled to do -..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Objections raised by defendant are subject matter of trial which can be determined after recording evidence of both parties - Looking to nature of suit and objections raised by defendant, trial Court not committed any illegality and jurisdictional error in dismissing application for..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition of agricultural land - Parties jointly held 52 odd kanals of land - Stand of plaintiff is that plaint scheduled property consisting of 10 kanal and 14 marla is not agricultural land and therefore outside the scope of S.158(2)(xvii) of Punjab Land Revenue Act - Bar against civil Court to..........
Partial partition -- Maintainability - If land in question is found to be property which can be dealt with by Revenue Court then, it would be bad for partial partition - However, if it is found that plaint scheduled property falls outside the scope of S.4 and S.158(2)(xvii) of Punjab Land Revenue Act then it is not open to urge plea of partial partition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiff in exclusive possession of suit land over a period of time as such his possession cannot be disturbed otherwise than having recourse to law either by way of partition or a decree of appropriate Court - Defendants rightly restrained from interfering in possession of plaintiff..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Suit properties were allegedly allotted to share of grandmother of plaintiff in a oral partition and she sold the suit properties in favour of plaintiff - However, if really grandmother of plaintiff was allotted such properties and she was in possession and enjoyment of..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - Both the branches were duly represented in suit, consequently suit property was directed to be divided in two equal parts - Suit rightly decreed and is not bad for non-joinder of necessary parties...........
