Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - No issue as to no, joinder of necessary parties - Suit dismissed suit on other grounds - However, first appellate Court framed the issue regarding no, joinder of necessary parties and decreed the suit - Both the Courts therefore, failed to appreciate issue of no, joinder of..........
Allotment of land -- Plea of pre-partition tenants - Appellants challenged allotment of land in favour of State by claiming themselves pre-partition tenants - Grievance of appellants is that their right to continue in possession has been put in jeopardy when State issued an auction notice - Challenge in writ petitions was not to seek establishment of any right of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Filed by subsequent purchasers - Partition suit - Appellants filed second appeal before High Court and they were not parties before Courts below, but have interest in subject matter - Application for additional evidence also filed along with appeal - Substantial questions were framed - However, substantial..........
Police protection -- Claimed by daughter in law restraining father-in-law and his relatives not to evict her forcibly from matrimonial home - Action of police in helping daughter-in-law with one year child in her lap in getting inside the house when exposure of cold could have proved fatal to infant cannot be said to be illegal, arbitrary or unjust - Whether or not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought after delay of about 5 years and that too when matter is at the stage of defendants evidence - Application for amendment though filed belatedly, simply explains stand taken by petitioner in his written statement - Paragraphs sought to be incorporated explain..........
Succession Act, 1925, Section 263 -- Will - Revocation of probate of Will - Non-issuance of citations to rightful parties - U, registered Will of 1961 sought to be propounded after lapse of more than 20 years in 1982 - Will probated without issuing any citation to mother of applicant who was younger daughter of testator, a legal heir - No objection certificate appended..........
Civil Procedure Code, 1908, Order 23, Rule 1(a) -- Transposition of defendant as plaintiff - Partition suit - In a suit for partition all plaintiffs and defendants are equally treated and they can contest as plaintiff and/or defendant - No error committed by Court below while allowing application - Order upheld...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Impleadment of a party - Partition suit - Properties in question were enjoyed by defendant and plaintiff as joint family properties being father and son - Defendant mentioned in his written statement that he is having a sister, who is one of legal heir of their father - He did not raise a plea of non-joinder of necessary party..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents sought are relevant with regard to dispute between parties except document No.1 - Said documents are in the name of person for whose properties suit for partition is being filed by plaintiffs - Documents except document No.1 are taken on record subject to payment of Rs.4000 as cost..........
Civil Procedure Code, 1908, Section 75 -- Commission - Court can issue a commission for the purpose of : (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; (d) to make a partition; (e) to hold a scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay and which..........
