Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Specific Relief Act, 1963, Section 34 -- Simplicitor suit for declaration by Co-owner/Co-sharer - Maintainability - Suit for declaration claiming = share in land, challenging mutation and subsequent revenue entries - Suit land agricultural in nature - Civil Court not competent to deliver actual physical possession - Revenue Court alone competent to partition the suit land..........
Hindu Law -- Suit for partition - When all joint family properties are not made subject matter of suit then such suit is not maintainable...........
Stamp Act, 1899, Section 35, 36, Civil Procedure Code, 1908, Order 13, Rule 4 -- Suit for partition - Earlier partition - Document relating thereto - Such a document goes to the root of the matter and it is not pressed into service for any collateral purpose - Such a document is pressed into service to prove that there was an earlier partition and the present suit itself..........
Hindu Succession Act, 1956, Section 20 -- Release deed executed in favour of father and other members of family by receiving a certain amount - Release deed executed when child was in womb of mother - A child in womb of mother acquires a right to claim partition - Father could not relinquish right of minor child who was in the womb of his mother - On death of child, mother..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to whether partition has been effected between the parties and whether suit is not maintainable - These issues cannot be said to be pure issues of law only - Cannot be treated as preliminary issues...........
Hindu Law -- Coparcenary property - Suit for joint possession during life time of father - Not maintainable - In fact suit for joint possession is apparently a circuitous method for seeking the partition of the property in the life-time of father which is not permissible...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor's undivided share in joint family property - Partition suit on behalf of minor filed by mother as next friend of minor against minor's father - Suit is not maintainable where it is not proved that father as natural guardian of minor has neglected to provide for minor's maintenance or denied his right or mismanaged..........
Hindu Succession Act, 1956, Section 6 -- Joint Family Property - Suit by wife against husband for partition of her share - Held, suit is not maintainable as wife is not entitled to share during lifetime of husband...........
Civil Procedure Code, 1908, Order 22, Rule 2, 4, 6, 11 -- Death of one of defendant during pendency of appeal against decree in partition suit - When right to appeal survives on death of one of several defendants, but his L.R's not brought on record within period of limitation, appeal abates - Judgment pronounced by first Appellate Court when appeal had abated, is of no..........
