Civil Procedure Code, 1908, Section 151 -- Final partition decree - Cannot be recalled u/s 151 CPC when alternative remedy of appeal exits - High Court erred in exercising its jurisdiction u/s 151 CPC recalling final decree rather than directing respondents to pursue effective alternate remedies under law...........
Partition suit -- Land in question was partitioned between four brothers of father-in-law of plaintiff - Plaintiff categorically stated that her father-in-law was owner of property and even PW2 also deposed to the same - Defendant no.1 failed to prove that land was gifted to him - He held such property as Karta of Joint Family property fallen to share of his deceased..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Partition being a recurring cause of action would not be hit by doctrine of res judicata - There cannot be any bar to the number of suits which may go on between members of a Joint Hindu Family qua joint property and even between co-owners with regard to joint property...........
Partition suit -- Joint property - Correctness of shares of parties to suit as recorded in jamabandi of suit property not challenged by defendants - Parties thus, entitled to their respective shares in suit property as per entries in Jamabandi...........
Suit for possession -- Possession after partition whether tenant in common or gratuitous licensee - Possession of defendant after partition deed is executed is that of tenant in common, as earlier to partition deed, plaintiff and defendant being sons of deceased were members of Hindu Joint Family - After the death of defendant, property will not pass on to other co-sharer..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - Plaintiffs have assigned a reasonable cause that due to having talks of compromise between parties and being out of city, they could not appear for their evidence - Application for restoration was well within limitation from date of having knowledge of dismissal of..........
Partition -- Co-parcenary property - If father has voluntarily accepted a lesser share in properties, that will not bind son who is a coparcenar, as he has got independent right by birth...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Un-registered prior partition deed is not required for effective adjudication of controversy between parties, as same cannot be admitted in evidence - Even, averments made in affidavit filed in support of application does not satisfy ingredients enumerated under..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Anticipatory bail - Sexual assault - Accused is maternal uncle of victim - No criminal antecedents against accused - Victim stated that there were others in the house on the date of incident and victim and complainant continued to stay in the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Issue of limitation is a mixed question of law and facts and therefore, same is required to be considered after looking into the evidence that could be adduced by parties in a full dressed trial - Suit for primary relief of partition and separate possession..........
