Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff averred her 1/7th undivided share in lands and that she was not impleaded as a party in suit for partition before Revenue Court - Assertion in application for rejection of plaint that once partition attained finality, the same may not be allowed to be reopened by way of present suit and that..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition and injunction - Petitioner having possession cannot intermeddle in the suit for partition - Moreover petitioner cannot claim any sort of right on the basis of an agreement which is prima facie not properly stamped and unregistered - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Defendant stated that his father bequeathed the property in favour of `N', as he used to take care of him - Plaintiff had called for so called Will executed in favour of `N' and same is already on record in suit proceedings - `N' should be allowed to put up his defence in support of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition suit - Compromise decree - Objection as to inexecutability of decree - Compromise decree cannot be said to be inexecutable merely because property which came to defendant's share is possessed by some persons, who were not party to suit - Objection raised by defendant regarding executability of decree is..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - Will executed by deceased in favour of his wife giving life interest and after her demise her three sons should enjoy property in equal shares - Ultimate legatees are grandchildren of deceased - Out of three sons of deceased, one died and other son was made party to suit -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining co-sharer from raising any construction on the valuable and specific portion of suit land - Suit for partition pending in between parties - A co-sharer has no right to change nature of property till its partition takes place - However, there cannot be any bar either in law or..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Claim made by petitioner herein was negatived in earlier litigations - Petitioner is yet to establish his right - Presence of petitioner is not at all necessary for effective adjudication in inter se dispute between respondents family members - He is thus, not necessary party -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of ancestral property is necessary party and in absence of such necessary party, partition suit cannot be adjudicated...........
Civil Procedure Code, 1908, Section 151, 96 -- Correction of decree - Partition suit - Appellate Court corrected share of plaintiff in decree of trial Court - Even if there is no particular prayer for such correction, appellate Court can correct the same, as appeal is merely an extension of original proceedings in suit - Moreover, in case of partition suit, any party could..........
