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 7, Rule 14(3) -- Production of documents - Partition suit - Gift deed in favour of plaintiff sought to be produced - However, plaint does not include subject matter of gift deed sought to be produced - Reasons assigned by trial Court for rejecting application U.O.7.R.14 CPC are not perverse - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff asserted that when family settlement was not acted upon by defendant he filed suit for partition - Trial Court observed that this can be decided only after parties adduce evidence and dismissed the application - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owners - Injunction - Law is not rigid that in no case injunction can be granted against co-owner - Injunction can be granted at the instance of one co-owner against another co-owner : (a) If one co-owner prevents the other from enjoying the common property, the affected co-owner can certainly approach the Court for..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Title suit - Appellate Court was of view that documentary evidence with respect to partition was necessary for just disposal of case - Neither of parties have brought documentary evidence with respect to partition in family property - There was thus, no occasion for appellate Court to have remanded the case for a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Removal of construction - Property in question is joint - Proceedings were pending before Consolidation authorities and no attempt was made by plaintiff to get their shares demarcated - At no point plaintiff ever sought relief of partition - Even, in absence of substantive relief and..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - When compromise is incomplete and bad for non-joinder of all the sharers, Court will have no other option, but to proceed with suit or appeal, as the case may be by rejecting compromise...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction without seeking relief of partition and possession is maintainable, as plaintiff has approached the Court with a claim that he is co-sharer and co-sharer are presumed to be in possession of entire property - Cause of action is very well shown in the..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit - When first appellate Court had come to a conclusion that matter needs to be remanded, it was not proper on part of first appellate Court to express an opinion on merits - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Suit for injunction and suit for partition filed in two different Courts - Outcome of one suit to impact the other suit - There is possibility of conflicting findings - In the interest of justice one suit transferred to the Court where another suit is pending...........
