Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for partition and permanent injunction - It is not open for plaintiff to claim property to be ancestral during lifetime of his father and to have share in it - Suit is barred by law - Plaint rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendant in spite of due diligence could not produce these documents before trial Court - Had these documents were placed before trial Court, it would arrive at a just conclusion on main issue of plaintiff's share in suit property - Appellate Court would require this..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Partition suit - Serious triable issues arise in the case which need to be determined in the course of trial - Creating third party interest inducting third party by way of sale or otherwise would complicate the matters further - Preservation of property as it exists is therefore necessary and in the..........
Partition suit -- Joint family properties - Properties in question independently purchased by defendant/elder brother of plaintiff from his own source of income - Suit properties are not joint family properties - Plaintiff cannot seek relief of partition of suit properties and he would also not be entitled to seek for a permanent injunction restraining defendants from..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit for partition - Dismissed in default - Subsequent suit - Cause of action in a suit for partition is recurring one - Bar of O.9.R.9 or O.22.R.9 CPC is not applicable to subsequent suit for partition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order under challenge is in accordance with law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order challenged by purchaser of undivided interest - While drawing a preliminary decree, a stranger purchaser has no say in the suit - Writ petition at the instance of stranger purchaser, dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff filed the suit only in respect of share due to his mother - Applicants already got their share in respect of suit properties - By impleading proposed parties, scope of suit cannot be expected beyond the purpose for which suit has been filed - Applicants are not necessary..........
