Partition suit -- Suit property belongs to grandfather of parties - There was family arrangement between brothers of plaintiff's father and defendant's father and there was no partition - Defendants categorically admitted that property belongs to their grandfather - When there is admission on part of defendant in written statement itself, admitted fact need not be proved..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at the instance of defendant - A party can seek amendment of his own pleadings - Court cannot permit a party to amend pleadings of other party in any kind of suit - Even in a suit for partition where status of parties is interchangeable the same analogy cannot be applied to the matter of amending the..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction and partition - Suit dismissed by trial Court without recording evidence of plaintiff as well as defendant - Suit is in relation to immovable property and valuable rights of parties are to be decided - One opportunity to lead evidence is thus, required to be granted - Impugned order of dismissal of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 20, Rule 18(1) -- Partition suit - Parties resolved dispute qua some of the properties - Court to draw partial decree accordingly in view of the terms and conditions arrived at between parties - So far as remaining properties for which no settlement..........
Partition suit -- Joint property - Correctness of shares of parties to suit as recorded in jamabandi of suit property not challenged by defendants - Parties thus, entitled to their respective shares in suit property as per entries in Jamabandi...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - Plaintiffs have assigned a reasonable cause that due to having talks of compromise between parties and being out of city, they could not appear for their evidence - Application for restoration was well within limitation from date of having knowledge of dismissal of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Un-registered prior partition deed is not required for effective adjudication of controversy between parties, as same cannot be admitted in evidence - Even, averments made in affidavit filed in support of application does not satisfy ingredients enumerated under..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Issue of limitation is a mixed question of law and facts and therefore, same is required to be considered after looking into the evidence that could be adduced by parties in a full dressed trial - Suit for primary relief of partition and separate possession..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Defendant raised an objection that plaintiff is not in possession of suit property - However, it nowhere reflects from pleadings of plaint that plaintiff is not in possession of suit property - Moreover, it would remain left open for defendant to raise such objection in written statement..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree merely declares rights and shares of parties and leaves room for some further inquiry to be held and conducted pursuant to directions made in preliminary decree and after the inquiry having been conducted and rights of parties being finally determined, a final decree incorporating such..........
