Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit for partition among near relatives and ex-parte decree was passed - Held, delay could be condoned, by way of giving an opportunity to defendants, in the interest of audi alteram partem, subject to payment of total cost of Rs.5000/-..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Limitation - Suit for declaration, partition and cancellation - In paragraphs 13 and 14 of the plaint, it is specifically stated by plaintiffs that the alleged will dated 17.06.2008 and gift deed dated 28.03.2005 came to their knowledge on receipt of a copy of the..........
Limitation Act, 1963, Article 65 --- Partition suit - Art.65 comes into play only when suit for possession of immovable property based on title is filed - Same is not applicable when suit for partition on previous joint possession is filed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 144 -- Simple suit for partition - Witnesses have stated that plaintiff was in possession - There is neither any pleading of ouster nor there is any evidence in support of the ouster - Held, right to sue for partition is recurring right - No limitation is applicable nor cause of action will cease..........
Limitation Act, 1963, Article 110 -- Partition suit - Limitation - Held, Art.110 of Limitation Act provides limitation of 12 years when the exclusion becomes known to plaintiff...........
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........
Limitation Act, 1963, Article 58 -- Bar of limitation - Plaintiff filed suit for declaration of title on basis of sale deed - Defendant earlier had filed suit seeking partition but denying sale deed as set up by plaintiff - Held, cause of action for filing suit for declaration of title arose immediately on filing earlier suit by defendant - Suit for declaration ought to..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Compromise decree - Procedure to be followed - Held, once the parties have partitioned the properties among themselves and when compromise is recorded only remaining things to be done by Court is to pass a final decree - Only act to be done is to engross the..........
Limitation Act, 1963, Article 110 -- Joint Family Property - Suit for partition - Defendant claiming to be exclusive owner - Right to sue commences from the date when plaintiff comes to know that he is excluded from the property and defendant claimed to be exclusive owner...........
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 31 -- When a deed of partition is required to be set aside u/s 31 of Specific Relief Act then Article 59 of Limitation Act applies - Limitation to set aside the same is 3 years - Since suit was filed after 3 years as such the same is barred by limitation...........
