Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Property mortgaged to Bank as collateral security - Suit for partition - Jurisdiction of civil court - Not barred - S.34 of the Act is a bar for the Civil Court to entertain the suits in respect of..........
Stamp Act, 1899, Section 35, 36, Civil Procedure Code, 1908, Order 13, Rule 4 -- Suit for partition - Earlier partition - Document relating thereto - Such a document goes to the root of the matter and it is not pressed into service for any collateral purpose - Such a document is pressed into service to prove that there was an earlier partition and the present suit itself..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Partition suit - Rejection of plaint sought for - Plea of property being benami - Further alternative prayer to treat plea of benami as preliminary - Not tenable - Only can be decided after evidence - Entire suit cannot be thrown out on the plea of benami as being barred by Act...........
Punjab Land Revenue Act, 1887, Section 116, 117 -- Partition - Question of Title - Death of one of the co-sharer in joint Khewat - Dispute between LR's of the deceased co-sharer - No question of title involved between the co-sharers inter-se - Partition proceedings not to be affected due to pendency of civil suit between LR's of one of the co-sharer...........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Partition suit - Certain defendants supporting the case of plaintiff - Whether they should begin their evidence first in preference to other defendants who do not support the plaintiff's case? - Held, No - None of the parties in the suit for partition can be said to have the claim against other - This is not adversary..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partition suit - Contesting respondents in possession and management of properties of firm - Appointment of a stranger as a receiver would not be in the interest of either party and would occasion injustice - Respondents appointed as receivers pending disposal of suit - This is subject to other party appointing its..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Person who holds a title or acquires title subsequent to the agreement - He is proper and sometimes necessary party - Suit for partition filed by sons of defendant in Revenue Court and that suit decreed - Order allowing impleadment of sons of defendant as party to the suit - No reason to..........
Civil Procedure Code, 1908, Section 96 -- Appeal against decree for specific performance - Finding of fact - Arrived at without proper appreciation of evidence - Specific plea of vendor regarding no partition - Vendor disputing plea of vendees as to division of joint properties - Parties to present suit were not same as in earlier suit - Subject matter of suit property was..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to whether partition has been effected between the parties and whether suit is not maintainable - These issues cannot be said to be pure issues of law only - Cannot be treated as preliminary issues...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partition suit - Receiver cannot be appointed in respect of properties already alienated by Karta or any of the coparceners - Receiver can only be appointed with regard to properties in the possession or management of Karta of the family...........
