Civil Procedure Code, 1908, Section 96 -- Appeal against preliminary decree passed in partition suit - Stay of appeal till disposal of probate proceedings - No material on record to suggest that final decree is prepared as yet - Only preliminary decree is challenged under appeal - There is thus, no justification for staying further proceedings of appeal indefinitely -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Partition suit - Where petitioners/legal heirs of one of JDs allowed preliminary decree as also final decree passed to become final, specifically in presence of their counsel, with a written statement also filed by them in reply to application seeking a final decree of partition, execution Court could not..........
Partition suit -- Will - Right of daughters - Testator bequeathed property absolutely to his wife and expressly vested in her power of sale and distribution of sale proceeds equally between four sons and four daughters and herself - However, on demise of testator his wife became absolute owner of property and property after her demise would not be governed by Will of..........
Partition -- Final decree - Appointment of Local Commissioner to partition the suit property according to preliminary decree - Appellant purchased some portion of suit land after passing of preliminary decree but before final decree - Sale hit by rule of lis pendence - Held, decree holder was not bound to give any notice to the appellant...........
Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Preliminary decree - Partition suit - Passing of preliminary decree U.O.20.R.18(ii) CPC is not mandatory in each and every case - It is only in cases where Court comes to conclusion that if partition or division of property cannot conveniently be made without further enquiry, a preliminary decree is required to be made...........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Final decree - Auction sale - Partition suit - Property is indivisible as per shares allotted in preliminary decree - Preliminary decree itself could have been made as a final decree - Trial Court rightly allowed application of plaintiff for conducting auction so as to distribute sale proceeds as per respective shares..........
Civil Procedure Code, 1908, Order 26, Rule 13 -- Appointment of Commissioner - Partition suit - Preliminary decree - Earlier application for appointment of Commissioner was not pressed and on same day present application filed for praying for appointment of Commissioner to carve out share of DH in house property and movable property - Explanation given by DH that earlier..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - In a suit of partition at the stage of passing of a preliminary decree, only question that needs to be adjudicated by trial Court is whether property in question is a coparcenary property or a joint family property - For declaration of such shares at preliminary stage..........
Civil Procedure Code, 1908, Section 96 -- Appeal by person not party to suit - Leave to appeal - Partition suit - Preliminary decree - Appellant is transferee pendente lite - He is in possession of suit property and is directly affected by preliminary decree passed in partition suit - Appellant held, permitted to file appeal against preliminary decree - Application for..........
