Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same parties nor regarding same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Additional prayer for declaration flowing from facts and averments already made in the original plaint and subsequent events happened between parties - Proposed amendment is necessary to determine the real controversy between parties as merits of case is not to be discussed at this stage..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff seeking impleadment of DDA and brother of defendant as party defendants - Suit property belonged to original owner by way of perpetual lease deed given by DDA - Various questions would arise regarding validity of sale done by brother of defendant - Reference was also made to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate the entire set of properties which were left over and are in continuity to case set up by plaintiff in plaint - Issues have been framed but evidence as yet has not been led - Refusal to allow amendment would leave the scope for filing fresh suit regarding..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Claim of applicants based on their independent interest as successors-i, title of suit property not on the strength of a contract in respect of which present suit for specific performance has been instituted - Applicants are neither necessary party nor proper party -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession and recovery of damages - Regarding recovery of damages this question has not been decided either in earlier suit for partition or in this suit - Decreeing entire suit on the basis of ownership of plaintiff already decided in earlier suit, decree for recovery of damages ought not to..........
Punjab Land Revenue Act, 1887, Section 158 -- Exclusion of jurisdiction of Civil Courts - Petitioner wants to retain possession of parts of suit property which prior to partition proceedings were in his occupation and that of his vendors - Such effort is deprecated because allowing such endeavour to succeed would amount to undoing effect of S.158 of Punjab Land Revenue..........
Evidence Act, 1872, Section 50 -- Proof of relationship - Partition suit - Interested witnesses - Evidence of son of plaintiff is wrongly discarded by Court that he is interested witness as on this ground evidence of a person cannot be discarded in civil cases - Moreover, so far as relationship is concerned he is the best person to say their relationship...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to 7 from defendant No.1 as he..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Additional evidence sought after preliminary decree was passed declaring 1/3rd share of plaintiff and proceedings were initiated for preparation of final decree - Documents sought to be filed by defendant as additional evidence are irrelevant in view of facts that..........
