Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue regarding inter se share between parties already decided by civil Court decrees, which attained finality, as they were never challenged - Same issue taken in consolidation proceedings - DDC thus, rightly held that issue regarding share of parties was barred by principle of res judicata...........
Uttar Pradesh Consolidation of Holdings Act, 1954, Section 9A(2) -- Land dispute between two Branches of one family - Land in question consistently recorded in name of one Branch of family in revenue records through whom respondents claimed their right, title and interest in land - So far as claim of appellant's predecessor-i, title was concerned, he claimed to represent..........
Uttar Pradesh Consolidation of Holdings Act, 1954, Section 21 -- Allotment of chak - Co-tenure holders - Objections regarding allotment of chaks - Respondents claiming chak comprising entire areas of plot in pitch road - However, chak was allotted in the manner that chak of every co-sharer was on pitch road - All the co-sharers had right in plot in question till holdings..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of objections filed in consolidation proceedings - Amendment application filed at very belated stage after 19 years from the date of filing of such objections - Evidence in said proceedings was closed - Amendment allowed without considering O.6.R.17 Proviso CPC - Moreover, facts mentioned in amendment application..........
Practice and procedure -- Provisions of CPC though not applicable to Consolidation proceedings, but principle analogous to said provisions are always applicable to consolidation proceedings...........
Criminal Procedure Code, 1973, Section 219 -- Consolidation of charge sheets - One FIR - 22 Charge sheets filed - Wherever offences arising out of one FIR within space of 12 months from first to last of such offences have occurred, Court shall consolidate charge sheets filed, however, number of charge sheets consolidated shall be three, where offences have occurred within..........
Specific Relief Act, 1963, Section 31 -- Will - Voidable - Jurisdiction of declaring a Will as voidable by virtue of S.31 of the Act is conferred upon civil Court - Consolidation Court cannot travel to the extent of validity of Will, particularly when civil suit challenging Will is already pending between parties...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Consolidation Officer has got no jurisdiction to declare a deed of gift as void and ignore it - Gift deed cannot be said to be void document unless same is declared by competent civil Court having jurisdiction...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Boundaries specified in both suits i.e suit for partition and suit for permanent injunction not same - Defendants contended that property in subsequent suit is one for which partition is sought in earlier suit for partition - Said fact not denied by plaintiffs - Injunction granted in earlier suit for..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
