Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Partition suit - Positive statement required by law to be pleaded in the plaint regarding constitution of HUF missing - Plaint does not disclose actionable cause of action - Proposed amendment of plaint does not improve this lack of actionable pleading - Plaint rightly rejected...........
Partition -- Oral partition - Proof - Not pleaded and established as to on what date partition took place and whether the same had been effected through a written instrument or orally and in whose presence, the partition had been effected and what were the properties involved in the partition - Case of partition not established by adducing acceptable evidence - Allotment..........
Partition -- Oral partition - Partition cannot be presumed merely on the basis of patta entries when factum of partition is not established by giving full particulars with reference to the same and also through reliable evidence...........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Purchase of property jointly by three persons - Shares not prescribed - Agreement executed on the same day indicating respective shares - After seven years a map disclosing shares in the property as per agreement - Agreement and map unregistered and unstamped - It is in effect a deed of partition with..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine any document for deciding..........
Partition suit -- Family settlement/samjhotanama executed between parties and plaintiff was already compensated for his share - Witnesses to the said document confirmed that they were present when document was executed between parties - No material contradiction emerged from the testimony of witnesses regarding execution of settlement despite of their lengthy..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation of suit - Suit for declaration, partition and separate possession - Suit was not properly valued - Plaintiff was directed to correct the valuation of suit - After correction of valuation of suit claim, Civil Judge Junior Division ceased to have pecuniary jurisdiction to entertain the suit -..........
Civil Procedure Code, 1908, Section 54 -- Partition - Final decree - Subject property not an estate assessed for payment of revenue to Government - S.54 CPC is with respect to agricultural land as governed by Delhi Land Reforms Act and Delhi Land Revenue Act and would have no application to subject property - Even otherwise, shares of parties have already been determined..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Final decree - Shares of parties already determined with plaintiff and defendant no.1 by passing a preliminary decree - It is only with respect to 2/6th share that there is inter se dispute between defendant no.2 and defendant no.3 - Said dispute does not fall adjudication in the present suit, as it is already a..........
Partition Act, 1893, Section 2 -- Partition - Final decree for partition by sale - Not barred u/s 2 of the Act, in the event of inter se dispute between two or more persons with respect to one share in property, particularly when other share in property is not affected by said dispute...........
