Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of part of property from one of the co-sharers - Purchaser of an undivided share in the coparcenary/joint property is entitled to bring a suit for partition - Such purchaser allowed to be impleaded as a party to the proceedings - Order calls for no interference...........
Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Report of Court Commissioner - Partition suit - Commissioner had determined 1/6th share by demarcating four boundaries as per sale deeds, yet one area survey no. did not tally with that of sale deed - Since there is no clarification on that aspect, Court below rejected the report of Court Commissioner - Order rejecting..........
Partition suit -- Defendant No.2 was karta of joint family and he failed to establish his independent income to purchase properties that stood in his name - Properties purchased by defendant No.2 were impressed with seal of joint family since joint family possessed of adequate properties - Suit rightly decreed...........
Will -- Suspicious circumstance - Exclusion of daughter from bequest - Daughter/plaintiff prior to institution of partition suit issued notice to defendants demanding partition - However, there was no reply whatsoever to said notice - Explanation offered by defendants that plaintiff was aware of existence of Will, does not appear to be convincing and sufficient to remove..........
Partition -- Consolidation of proceedings - Merely because petitioner and respondent are 100% subsidiary companies of a corporate house, it cannot be said that parties are identical because everybody corporate is separate entity - Emaar-MGF is not a party to partition proceedings - Thus, argument of non-consolidation is rejected being not maintainable...........
Partition suit -- Plaintiffs being widow and son of deceased claiming 1/7th share in suit property - School certificate issued in name of plaintiff no.2 without mentioning father's name cannot be taken as proof that deceased is father of plaintiff no.2, particularly when plaintiff no.1 herself admitted that prior to her marriage with deceased, she got married to another..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff averred her 1/7th undivided share in lands and that she was not impleaded as a party in suit for partition before Revenue Court - Assertion in application for rejection of plaint that once partition attained finality, the same may not be allowed to be reopened by way of present suit and that..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Partition suit - Gift deed in favour of plaintiff sought to be produced - However, plaint does not include subject matter of gift deed sought to be produced - Reasons assigned by trial Court for rejecting application U.O.7.R.14 CPC are not perverse - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff asserted that when family settlement was not acted upon by defendant he filed suit for partition - Trial Court observed that this can be decided only after parties adduce evidence and dismissed the application - Order upheld...........
Partition -- Properties which had been given as dowry or otherwise at the time of marriage of daughter claiming a right of partition u/s 6 of Hindu Succession Act, would be amenable for partition and same would have to be included in a suit for partition...........
