Civil Procedure Code, 1908, Order 39, Rule 7 -- Preservation of suit property till disposal of suit - Direction to defendant no.2 - Partition suit - Defendant no.2 had expired - However, no steps taken by plaintiff to bring on record LRs of deceased defendant - Trial Court decided the application U.O.39.R.7 CPC without considering the fact that order U.O.39.Rr.1, 2 CPC is..........
Nature of deed -- Partition deed or Will - Executant disclosed her intention to give her share to plaintiff and also retain right to live during her lifetime along with her brother - Deed was signed by executant and plaintiff which is not requirement of Will - Will is always signed by executant of Will and partition deed is always signed by all the parties in which..........
Registration Act, 1908, Section 17 -- Un-registered partition deed - Cannot be looked into evidence for want of registration...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Plaintiff by way of amendment seek to add 2 ancestral properties at the stage of cross-examination of witness of plaintiff - Plaintiff is an illiterate and is residing in different cities for ekeing out livelihood and by inadvertence and oversight the factum of 2 properties which has..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Partition suit - Intervenor purchased property and thus, has direct interest over subject in dispute - Intervenor is therefore a necessary party - Application rightly allowed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue of limitation and Court fees - Partition suit - Issue of limitation and Court fee are very much inter linked as plaintiff is not in possession and both are factual issues which will have to be proved by defendants after leading evidence - Suit cannot be dismissed on said preliminary issues...........
Court Fees Act, 1870, Article 17(vi) -- Schedule II - Court fee - Partition suit - When a partition is sought by co-owner, Court fee which is payable is a fixed Court fee in terms of Schedule II, Art.17(vi) of the Act, in as much as every co-owner is either in actual physical possession of whole or part of property or in law has to be taken in deemed possession or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition - Maintainability - Defendant Nos.3, 4 did not take any steps to contest the suit and remained ex-parte when trial Court granted relief and they did not prefer any appeal - Rather second appeal is filed by defendant No.1 who got the share in suit property claiming daughters of his sister to be..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - Pendency of civil suits of eviction and partition - Petitioners specifically claimed to be co-parcenars to suit property, which allegedly belongs to a Hindu Undivided Family - Since such rights are already subject to adjudication before competent Civil Courts, Tribunal acted..........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Decree passed in suit for partition and separate possession - Correction sought in the decree is not merely a clerical mistake or an error on the basis of an accidental slip or omission - Certainly it goes to merits of case - More so, very issue which touches upon extent of decree passed has been decided in..........
