Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to correct the North and South boundary of suit property - Defendant himself stated in counter raised to the application that description of suit property was incorrectly given by plaintiff - No plea of malafide was taken by defendant before trial Court - Defence taken..........
Partition suit -- In a suit for partition payment of LIC policy amount cannot be decided...........
Partition suit -- Joint Family Property - Defendants specifically discharged their burden by oral and documentary evidence that items of Scheduled II are not joint family properties and that items of Scheduled III are not at all presented by parents of plaintiff - Burden heavily shifts on plaintiffs who approached Court seeking partition of properties claiming to be joint..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Agricultural land - Exemption from attachment - Mere existence of an agricultural land or that he is doing cultivation may not by itself bring him within sweep of S.60 CPC, unless he is wholly or principally depending on the income derived from such cultivation...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Exclusion of one property - Property in question is in exclusive possession of defendant no.13 - It is a long and continuous possession from the date of purchase in the year 1977 and 1983 - Mutation of records stands in the name of defendant no.13 - More so, claim of plaintiff in respect..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC filed after inordinate delay of about 7 years after putting in appearance by defendant in execution proceedings - No reason offered by defendant for not filing application for setting aside ex parte decree for a period of almost seven years - Order..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 152, Transfer of Property Act, 1882, Section 122, 123 -- Gift - Agricultural land - Bhumidhar with transferable rights can transfer his right, title and interest of any agricultural land by way of gift...........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 152, Transfer of Property Act, 1882, Section 122, 123 -- Gift - Gift deed was executed by donor in favour of minor sons through their mother - Donor was a legally competent person and no consideration was taken by donor - There is recital of delivery of possession - Even the property in question was..........
National Highways Act, 1956, Section 3(H) -- Acquisition of land - Compensation - Apportionment of amount - Dispute relating to apportionment of amount determined towards compensation can only be determined by Principal Civil Court of original jurisdiction...........
National Highways Act, 1956, Section 3(H) -- Acquisition of land - Compensation - Apportionment of amount - If any dispute arises as to apportionment of amount or any part thereof or to any person to whom the same or any part thereof is payable, then, competent authority shall refer the dispute to decision of Principal Civil Court of original jurisdiction within the limits..........
