Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Under-valuation of partition suit - Determination of - No specific averment in plaint to the effect that plaintiffs have been excluded from possession of property in question - It is specifically pleaded that plaintiffs and defendant are co-owners of suit properties - It is further stated that "the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Limitation - Suit for declaration, partition and cancellation - In paragraphs 13 and 14 of the plaint, it is specifically stated by plaintiffs that the alleged will dated 17.06.2008 and gift deed dated 28.03.2005 came to their knowledge on receipt of a copy of the..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 144 -- Simple suit for partition - Witnesses have stated that plaintiff was in possession - There is neither any pleading of ouster nor there is any evidence in support of the ouster - Held, right to sue for partition is recurring right - No limitation is applicable nor cause of action will cease..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Sought on ground that no cause of action has arisen in favour of plaintiff - Partition suit instituted by son during life time of his father is not maintainable - Suit property cannot be partitioned in view of the Hindu Succession Act and plaint is liable to be rejected - Held, it is during course of..........
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34, 5 -- Ownership - Res judicata - By order of Land Tribunal dated 27.11.1976, right of defendant No.4 had been recognized as a tenant in respect of land in question - He was declared to be a tenant and he got right in respect of suit land - Said order has already become final - Defendant No.4..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 8, Rejection of plaint -- Ground of absence of cause of action - Suit for partition filed by grandsons - As per averments in plaint property is not Joint family property - Therefore, upon death of owner of suit properties, the same were inherited by his legal heirs - Plaintiffs being..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Subsequent suit for partition - Suit for partition of Joint Hindu Family Property - Arbitrator/Referee appointed by the parties - Award passed - Accepted by parties - Suit decreed in terms of award - Decree not drawn up as stamp papers were not filed by the parties - Second suit for partition in accordance with award..........
Civil Procedure Code, 1908, Section 11 -- Specific issue framed regarding title in the earlier suit for permanent injunction - Question of title decided - Subsequent suit for possession by way of partition - Decreed relying on judgment of earlier suit - Finding on title in earlier suit rightly relied by Court below...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for declaration of title - Earlier suit filed regarding suit schedule property - Plaintiff was one of defendants in suit for partition - Plaintiff claimed ownership in respect of property which was adjudicated by trial Court - Held, present suit is barred by principle of res judicata...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Property mortgaged to Bank as collateral security - Suit for partition - Jurisdiction of civil court - Not barred - S.34 of the Act is a bar for the Civil Court to entertain the suits in respect of..........
