Partition -- Sketch map of suit property - It is not possible to give effect to partition decree without sketch map of suit scheduled property...........
Partition -- Sketch map of suit property - Plaintiff sought partition of suit property in terms of plan produced by him - As such, plaintiff cannot be permitted to say that map produced was not the map filed by him - Court at the time of passing decree should have made said map as a part of decree so that partition could have been effected as per said sketch - Trial Court..........
Hindu Succession Act, 1956, Section 29A(as -- Right of daughters to claim partition - Ancestral property - Only u, married daughter of a coparcener is entitled to claim partition of Hindu Joint Family Property - Since plaintiffs are married prior to commencement of Amendment Act, they were not coparceners in Hindu Joint Family Property - Plaintiffs held, not entitled to..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Withdrawal of - Partition suit - Purpose of a compromise is to resolve a dispute between litigating parties - Since alleged compromise filed by plaintiff would not resolve dispute between parties, trial Court rightly rejected the compromise application...........
Partition -- Private partition carried out by parties even if it has not been incorporated or affirmed by revenue authorities, still it is legal and valid and cannot be ignored by Courts...........
Hindu Law -- Self acquired property - Father got his share of property in a partition from among his brothers - It is not coparcenary property, but is a separate property and if that becomes his separate property, property under Item.3 purchased from income derived from property which he got in partition, also becomes separate property - Said property is thus, not governed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - If any third party has direct interest in property for which decree of specific performance is being sought, then Court ought to liberally permit him to be impleaded as a party to suit - In such situation, it would be appropriate to avoid multiplicity of litigation - In..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property of partnership firm - No averment in plaint that partnership firm in dispute has been dissolved, debts and liabilities have been settled and nothing remains towards liability of firm to be settled - Since suit property is the property of partnership firm, suit..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree - Appeal dismissed being not..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no explanation of delay in filing appeal -..........
