Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58 -- Facts admitted need not to be proved - Suit for partition - Defendant No.1 admitted the claim of the plaintiff, however, case remained pending for consideration - Court granted time to parties to enter into compromise but no settlement could be arrived - Thus, plaintiff filed an application to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for partition - Appointment of Advocate Commissioner to take inventory of locker standing in name of deceased - Order appointing Commissioner to take an inventory of the locker and for recording availability of documents and to file a report to that effect - No infirmity in the order passed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at the instance of defendant - Suit for partition - Though in a suit for partition, every party is a plaintiff, on that score one party cannot amend pleadings of the opposite party as such course will lead to chaotic and complex situation and multifarious consequences...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for partition - No evidence to show that widow of `D' got remarried and lost her right in suit property - Widow is necessary and proper party to proceedings - Suit is bad for no, joinder of necessary party - More so, defect of no, joinder is fatal and cannot be cured by impleading them..........
Civil Procedure Code, 1908, Section 24 -- Transfer of partition suit - Presiding officer of Court is upset/anguish with defendant on the basis of complaint lodged with reference to Court proceeding are not the reasons which are to be taken at face value, particularly when alleged upset/anguish on the part of said Presiding Officer is not made out by defendant - Moreover,..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be raised in a suit for partition, as it can be brought in respect of any claim that can be subject matter of an independent suit - Counter claim cannot be confined only to money claims or to causes of action of same nature as original action...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In a suit for partition, redemption of mortgage and specific performance of contract, Courts adopt a pragmatic approach to preserve and protect status/nature of immovable property to avoid multiplicity of proceedings and other complications...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit property sold by father of plaintiffs in 1988 and he died in 1994 - Daughters do not become coparcenars if father was not alive in view of Amendment brought to S.6 of Hindu Succession Act - There is thus, clear bar to seek partition of property - Except suit property other..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After completion of plaintiff's evidence - Suit for partition - Amendment sought to include certain more properties of common ancestors - Amendment sought if allowed, would not only change the scope of suit in its entirety, but would also lead to its de novo trial - Amendment cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Suit for partition - Amendment sought to include more ancestral properties - Petitioner failed to establish that he was not aware about the remaining ancestral property or he came to know about that immediately at the time of filing application - Application..........
