Ancestral property -- Suit property cannot be held to be an ancestral property, as the same was received by erstwhile owner by way of a family settlement, wherein, two brothers divided two equally measuring plots between themselves - Hence, property could not have been said to be delved on the father by virtue of him being a coparcener in that property...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Suit for Partition - (i) In cases when exclusion of Civil Court's jurisdiction is expressly provided for, consideration as to scheme of statute in question and adequacy or sufficiency of remedy provided for by it may be relevant but cannot be decisive; (ii) Where exclusion is pleaded as a matter of necessary..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of decree - Suit for Partition - Character, Nature, Scope, Type and Procedure of preliminary decree and final decree - Analysed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for declaration of ownership and joint possession - Defendants/petitioners sought permission to lead evidence qua unregistered Will in their favour alleged to be executed by deceased - There is no additional issue framed regarding Will - Numerous opportunities had been given to defendants to conclude..........
Limitation Act, 1963, Section 3 -- Limitation - When there are several reliefs claimed in a suit, limitation period would be that of main relief and limitation for ancillary relief being ignored...........
Limitation Act, 1963, Article 58, 59 -- Limitation - Prayer for two reliefs - Composite suit for cancellation of sale deed and recovery of possession - Limitation period should be considered with respect to substantive relief of cancellation of Sale Deed which would be three years from the date of knowledge of Sale Deed sought to be cancelled...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court should decline amendment if a fresh suit on the amendment claims is barred by limitation on the date of application...........
Registration Act, 1908, Section 17(2)(vi) -- Registration - Compromise decree - Compromise decree asserts only the pre-existing right and no new right was created through the consent decree - There is no finding of collusion between the parties in entering into the compromise by any Court as on date - Indisputably, property is the subject matter of the suit - Conditions..........
Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Exemption from registration - In order to fall under the exception of S.17(2)(vi) of the Act, following conditions must be satisfied: (i) There must be a compromise decree as per the terms of compromise without any collusion; (ii) compromise decree must pertain to the subject property in the suit; and (iii)..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaintiffs are entitled for the relief sought in the suit and whether suit is within stipulated period of limitation are mixed question of facts and law and same have to be decided on trial and cannot be a ground for rejection of plaint, especially the burden lies upon plaintiffs to establish..........
