Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration that partition deeds are null and void - Defendant by way of amendment introduced plea of some partition which was never there in written statement when plaintiff was recording his statement - If amendment is allowed, same would amount to withdrawal of admission and would..........
Will -- Suspicious circumstance - Difference in signatures of testator on Will and partition deed - Signatures on Will was done in the presence of attesting witness and Sub-Registrar - Even otherwise, since there is a significant difference of time in signing partition deed and Will deed and by passage of time signature of a person changes, signatures on Will, cannot be..........
Partition suit -- Mere delineation of genealogy by plaintiffs in their plaint is not sufficient, but there should be evidence in support of the same - Burden of proof therefore lies on plaintiff to prove genealogy delineated by plaintiffs in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff cannot be unsuited at the nascent stage of suit, merely on the basis of mutation entry unless specific knowledge of exclusion of right is brought on record...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Mutation -- On the basis of death of brother praying that petitioner is the only person who is entitled to be mutated over the land - Tehsildar cannot relegate petitioner to Civil Court for seeking declaration that he is legal representative of deceased - Tehsildar can very well consider and determine geneology between parties...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Doctrine of lis pendens u/s 52 of the Act provides two exceptions - First exception is that if the parties to suit are colluding - In the instant case, all the parties to partition suit were colluding in order to defraud transferee pendente lite - More so, one of DH resides in adjoining house permitted..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - In the absence of evidence that plaintiff is in exclusive possession of the property and there had been a partition, suit for permanent injunction against co-sharer is not maintainable - The only remedy for plaintiff would be to seek partition of suit land...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Second mortgage deed was not proved in accordance with provisions of Evidence Act - No entry in revenue record regarding alleged second mortgage - There were multiple litigations between parties thus, no plausible reason for plaintiff to mortgage the land with defendant - Nothing on record to prove that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte judgment was passed without fixing a date for ex parte hearing, as such taking away rights of defendant to show reasons for non-appearance as permitted U.O.9.R.7 CPC - Ex parte judgment set aside - Matter remitted back to trial Court...........
