Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree - Question of delivery of properties is a matter to be considered at the stage of execution and is not a matter falling for contemplation in the final decree stage...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - During pendency of partition suit or during period between passing of preliminary decree and final decree in the partition suit it is open to a party to seek modification or enhancement of his shares till the passing of final decree - Once final decree is passed suit terminates and remaining issues are to be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Dispute between parties is with regard to intention of parties behind the execution of agreement - Court cannot assist a party for collection of evidence - Fact whether suit property lie on the common path or not can be established by way of evidence and it is for plaintiff or defendant to stand..........
Will -- Execution - Testimony of Attesting witness is clear that he had seen the testator affix his mark on the Will - That alone would ensure compliance of S.63(c) of Succession Act - Mere fact that Attesting witness in his deposition did not state that the act of affixing his thumb impression on the Will was at the direction of Testator, it cannot be said that..........
Will -- Suspicious circumstances - Propounder of Will/DW1 is the second wife of testator - Two stamp papers on which the Will was typed were brought in the name of DW1 from Tenkasi - Attesting witness who was examined as DW2 in Court is admittedly the brother of DW1 and further that it is her case that Will in question was given to her by DW2 in Tenkasi - It cannot be..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Suit for Partition - (i) In cases when exclusion of Civil Court's jurisdiction is expressly provided for, consideration as to scheme of statute in question and adequacy or sufficiency of remedy provided for by it may be relevant but cannot be decisive; (ii) Where exclusion is pleaded as a matter of necessary..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of decree - Suit for Partition - Character, Nature, Scope, Type and Procedure of preliminary decree and final decree - Analysed...........
Agreement to sell -- Specific performance - Defendant No.2 executed agreement to sell in the capacity of partner and director of Firm - Advance taken was credited in the bank account of Firm - Defence of defendant No.2 that his signatures were obtained on the agreement while he was intoxicated not tenable, as defendant No.2 as well as other partners had not initiated any..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Claim petition U.O.21.R.58 CPC not maintainable in the absence of attachment existing over property...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - When decree was passed a charge had been created for the decree debt over the property, which was mortgaged - If so, in the absence of any attachment existing over the property, there is no question of any claim or objection being raised U.O.21.R.58 CPC - Claim petitioners cannot in the guise of..........
