Civil Procedure Code, 1908, Order 22, Rule 2, 4, 6, 11 -- Death of one of defendant during pendency of appeal against decree in partition suit - When right to appeal survives on death of one of several defendants, but his L.R's not brought on record within period of limitation, appeal abates - Judgment pronounced by first Appellate Court when appeal had abated, is of no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 226 -- Restraining petitioners from transferring suit land or any part thereof to any third person - Father during his life time disposed of 1/3rd share in property and petitioner in possession out of this 1/3rd share which was acquired for valuable consideration - Merely because there..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Gift of property after passing of preliminary decree but before passing of final decree - Preliminary decree in partition suit passed on 13.2.1978 which was not on stamp paper but defined shares by metes and bound - Final decree drawn, a replica of preliminary decree on 24.5.1979 but on stamped paper - High Court holding..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Compromise decree in partition suit allotting specific parcels to parties and effecting partition by metes and bounds - Not a preliminary decree but final decree in the suit - Decree not engrossed on requisite stamp papers - Will not in any way affect interest of parties in respect of properties - No time limit prescribed by..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3-A, 3-B, Evidence Act, 1872, Section 115 -- Partition suit - Compromise - Decree passed on basis of compromise reached by parties representing heads of branches without notice to other members of branches who are interested in suit and without obtaining leave of Court to compromise - Such compromise decree does not..........
Civil Procedure Code, 1908, Order 23, Rule 3-B -- Partition suit - Compromise decree - Leave not granted by Court - Notice not given to members of branches who are interested in suit - Compromise is void - Person interested in suit but had no notice of compromise is not barred from challenging compromise decree...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for partition pending - Execution of `Batai patra' (Tenancy of agricultural land) is hit by principle of lis pendens...........
Civil Procedure Code, 1908, Section 97 -- Suit for partition - Preliminary decree passed - No appeal filed by aggrieved party - Held, it is not open to such aggrieved party to raise the contention that he was a tenant of the suit premises at the time of passing of the final decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining another co-sharer from raising construction over superior and valuable portion of the suit property without getting the same partitioned - Held, plaintiff a co-sharer is entitled to protect the suit land to ensure that the nature of suit land is not changed by another co-sharer - Proceedings for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit on basis of family settlement - Plaint averments admitted - Amendment of written statement sought - An issue framed and evidence recorded and a finding given that parties never acted upon the family partition and that whole of the amount payable under family settlement is not paid as such..........
