Partition -- Preliminary decree - Attained finality - Subsequent event can be taken into consideration while working out the preliminary decree into the shape of a final decree - Preliminary decree cannot be reopened due to impleadment of a party - The only remedy available to such a party is to file a separate suit...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiffs asserted that suit properties are joint family properties and not partitioned by metes and bound - Defendants on the other hand asserted that some of suit properties are their self acquired properties - In view of said categorical stand of defendants, they shall begin first - Only..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for partition - Defendants claimed two items in suit properties as their self acquired properties - In such circumstances it is defendants who would begin first - Plaintiff shall be obliged to lead evidence in rebuttal only after defendants lead its evidence in proof of its case...........
Civil Procedure Code, 1908, Section 152 -- Correction of judgment - Partition suit - Location of property not correctly mentioned in judgment - Pursuant to orders passed by trial Court, plaint and decree stand amended - Merely because judgment of trial Court has not been corrected to indicate correct location of suit property, that cannot be ground to defeat execution of..........
Partition suit -- Grandfather of parties was declared owner of suit property in earlier judgment, which is relied upon by plaintiffs in this case - Plaintiffs proved that suit property belonged to grandfather of parties, who executed Will in favour of their father with life interest to their mother and therefore, parties being their children become owners of suit property..........
Joint family property -- Suit for partition - Execution of relinquishment deed - Plaintiffs executed relinquishment deed and relinquished their right, title and interest in joint family properties on their own will and volition receiving an amount of Rs.6 lakhs from defendants - But later they took the plea that deed was obtained by fraud - Except ipse dixit statement of..........
Partition suit -- Court has jurisdiction to make adjustment of share of parties in the final decree proceedings...........
Agreement to sell -- Specific performance - Co-sharer - Co-sharers of joint property cannot stop one co-sharer from alienating his share - However, such alienation of share is subject to partition and rights of other co-sharers - Further, if one co-sharer enters into an agreement to sell qua his share as well as share of another co-sharer, the other co-sharer shall not be..........
Civil Procedure Code, 1908, Section 2(12), 151 -- Mesne profit - Claim by co-sharer from other co-sharer - Partition suit - Mesne profit can be claimed from a person who is in wrongful possession - Admittedly, parties are co-sharer and defendants are not getting any financial benefit out of suit property - Co-sharer has right over every inch of undivided property until it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No cause of action - Partition suit - Parties were related to each other and fact that properties are allegedly inherited from biological father was good enough cause of action to maintain a partition suit - Application rejected...........
