Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Partition suit - Application filed when the matter was fixed for final arguments - Reasons stated in application for delay in filing it, not satisfactory - Most of the documents sought to be placed on record are ante dated filing of written statement and no good reason has been assigned in..........
Will -- Due execution - Will in favour of plaintiff is valid in view of following reasons: (i) all sons of testator provided their respective shares under a registered partition deed and testator in fact had given a police complaint against his own sons; (ii) Will was a registered Will of 1992 and after execution of which testator lived for four years: (iii) plaintiff..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........
Partition suit -- Ancestral property - Great grand father of plaintiffs had died before coming into force of Hindu Succession Act - Property in question therefore, was governed under Mitakshra Law and whatever was inherited by his sons will continue to retain the character of co-parcenary property in the hands of his sons - Thereby whatever came into hands of defendant..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit on the basis of Will - Non-production of Will - Plaint cannot be rejected on the ground of non production of Will as averments of plaint are germane for deciding the application - Such issue can be examined in better way while deciding civil suit finally...........
Partition -- Not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations, for the reasons viz. (a) alienees as well as the co-sharer are still entitled to sustain the alienation to the extent of the share of the co-sharer; (b) it may also be open to the alienee, in the final decree proceedings, to seek the allotment of the transferred..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Partition suit - Property in question is ancestral property - Applicants had equal right of ownership in suit property as was enjoyed by plaintiff's father - Plaintiffs as well as applicant are living under one roof, their business, residence, telephone connection and gas connection are also common..........
Will -- Suspicious circumstance - Delay in seeking probate of Wills - Occasion for appellants to seek probate of Will arose only when respondents filed suit for partition, therefore there was actually no delay on the part of appellants in seeking probate - Order granting probate restored...........
Easements Act, 1882, Section 13 -- Easement - Right to cart track - Defendants are not disputing the title of plaintiffs, as their vendors (defendants) were parties to earlier partition - As such when there is no reference with regard to alleged cart track in plaintiff's property in those parent documents, defendants herein cannot claim easement right by way of grant -..........
Partition -- Private partition - There is no bar for parties to divide agricultural property without any intervention of revenue authorities or Court...........
