Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Earlier suit filed for injunction dismissed in default - Subsequently, plaintiff came to know about partition suit, which emerged among defendants and passing of preliminary decree and final decree thereunder - After dismissal of previous injunction suit, attempts made by defendants to intermeddle into..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Court has jurisdiction to amend shares suitably, even if preliminary decree is passed, if some member of family to whom an allotment was made in the preliminary decree dies thereafter - Validity of succession whether testate or intestate, or transfer can be considered at stage of final decree...........
Partition -- Suit filed claiming half share based on a Will - Plea of defendants that testatrix had no subsisting right as she executed a release deed - Will duly proved - Release deed obtained from testatrix without her knowledge and with false recitals - Held, no right accrues on the basis of such release deed - Testatrix had subsisting rights over half of plaint..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Substitution of applicant in place of plaintiff - Suit for partition - After passing of preliminary decree, parties have lingered case and have shown least interest for partition of suit property by metes and bounds or by other mode - Plaintiff does not seem to be interested in having separate physical possession of his..........
Civil Procedure Code, 1908, Section 100, Order 20, Rule 18(ii) -- Second appeal - Partition suit - Challenge against preliminary decree of partition in favour of plaintiff - Defendant pleaded possession of suit land on basis of unregistered family settlement - Family settlement is not operational if it is not registered - Decree of partition held, proper...........
Hindu Law -- Partition - Minors through mother filed suit for partition - Father sold property during pendency of suit - Trial Court passed preliminary decree holding that two plaintiffs and father is entitled to 1/3rd share each and that plaintiffs are entitled to separate possession of 2/3rd share after division - Sale executed, held, binding only on father and not on..........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement - Partition suit - Death after passing of preliminary decree - Non impleading of L.R's - Cannot be regarded as an abatement in respect of the entire suit...........
Civil Procedure Code, 1908, Order 20, Rule 18(2) - - Passed in partition suit - Appeal against is in continuation of suit and decree cannot be aid to be made final - Preliminary decree does not mean that partition was effected but it only carves out shares of parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition - Preliminary decree already passed - Amendment sought at stage of final decree - Addition of properties ought which were covered under same set of facts already decided at time of passing of preliminary decree - Amendment sought will neither change nature of suit nor it will take other..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Partition suit - Preliminary decree - Actual partition is done by issuing a commission - Report of the Collector or Commissioner has to be received and Court either by way of confirmation of the report or it being varied, a decree in accordance therewith has to..........
