Civil Procedure Code, 1908, Order 21, Rule 32(2) -- Injunction decree -Subsequently a preliminary decree followed by a final decree was passed in a suit for partition - Parties are governed by the final decree in partition suit as it has become final and any other proceedings in respect to the property involved would stand closed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for partition - Preliminary decree passed - Amendment of plaint to correct the plot numbers - Held, amendment to be allowed...........
Hindu Law -- Partition - Specific properties purchased before institution of suit for partition - Though the appellants have no right to equities, yet the respective share to which their principal alienor was entitled would be allottable to them as a special case - As the preliminary decree specifically provided that the good and bad qualities of the land to be taken into..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229B, 126 -- Suit for declaration of rights and partition of land - Compromise decree is not maintainable...........
Hindu Law -- Partition - Suit not to be dismissed even when plaintiff fails to establish his case - Court can adjudicate upon rights of defendants and pass a suitable decree in their favour subject to payment of Court fee etc...........
Court Fees act, 1870, Section 6A, 7(iv) -- Appeal - Valuation - When the relief of account claimed is not Incidental or ancillary to the relief of partition and the two reliefs are quite separate having no connection with each other then appellant has to pay separate Court fee on the relief of accounting, a decree for which has been passed and which is challenged in the..........
Hindu Law -- Partition - Family debt - Not tainted with immorality or illegality - Debt is binding on sons - Provision for its discharge from out of estate has to be made at the time of final decree for partition...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Passing of more than one preliminary decree is not prohibited...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Partition suit - Proceeding for final decree - Plea raised that one of the defendant was lunatic and no guardian was appointed to represent him - Lunatic defendant was represented by his mother - Prejudice whatsoever not caused to petitioners or other defendants - Absence of formal order appointing guardian - Decree is not..........
Partition -- Decree of partition can be challenged by the tenant on the ground that it was obtained by fraud or collusion to create a ground of eviction against him. (Evidence Act, 1872, S.44)..........
