Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit along with cancellation of sale deed - Trial Court partly decreed the suit in favour of plaintiff but refused to grant relief in respect of sale deed - However, trial Court delivered the judgment without disposal of application filed u/s 45 of Evidence Act in which plaintiff specifically pleaded that..........
Partition -- Plea of partial partition - Defendants have failed to establish that properties listed by them in written statement which were not included by plaintiff in partition suit were actually joint family properties and thereby available for partition - When defendant failed to establish the same, onus does not shift to plaintiff to rebut the presumption - Suit not..........
Partition suit -- Suit dismissed qua four items of suit properties - Alleged oral relinquishment of said properties discarded by trial Court being not proved - No evidence is adduced that properties in question were purchased only out of joint family funds in the names of members of joint family thereby entitling plaintiff to a share in the same - Suit rightly dismissed..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner for demarcation of suit land - Plaintiff had sought amendment in the suit on the ground that during pendency of suit certain part of suit land stood encroached by defendant - This presupposes that plaintiff was aware of his boundaries and only thereafter he levelled allegations against..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Allotment of plot - Petitioner is residing nearby areas which is sought to be allotted to plaintiff - There is road between the house of petitioner and the plot in question - Therefore, there is no question of any obstruction of ventilation and light in the house of petitioner - Moreover,..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........
Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Section 31(1)(b) -- Sale deed - Breach of provision of S.31(1)(b) of the Act - Proper hearing on merits was not given to appellant/purchaser before holding against him - Various issues arise in the case which would require verification and adjudication upon evaluation of evidence - Parties would..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Contesting party when proceeded ex parte or does not choose to contest the proceedings - Decision of application for interim maintenance should not be deferred to a later stage of conclusion of proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application - It is appeal and not revision which is maintainable - However, if an order allowing such an application is passed, the same is not appealable...........
Civil Procedure Code, 1908, Section 96(2), 114, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has three remedies available to him as against ex-parte decree: (i) by way of filing an application U.O.9.R.13 CPC seeking for setting aside ex-parte decree; (ii) by way of filing an appeal against the ex-parte decree u/s 96(2) CPC and; (iii) by way of review..........
