Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit before revenue Court - Impleadment sought on the basis of agreement to sell in their favour - Mere execution of agreement to sell does not create any right in favour of respondents - Order allowing application set aside...........
Agreement to sell -- Specific performance - Execution of agreement to sell during pendency of partition suit - There was no encumbrance or dispute over suit property except partition suit - Suit property could still be sold and transferred - Plaintiff was aware of pending suit while executing agreement to sell which was agreed despite pending litigation - Even, plaintiff..........
Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Will -- Exclusion of son from property under Will - Relationship between testator and his son got stained in 1984 - This fact is admitted by son of testator - Son also filed a partition suit against his father/testator - Testator was alive for nearly 11 years after execution of Will - On account of close relationship, testator after death of his brother wanted to protect..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Prayer for partition and separate possession cannot be granted in execution proceedings - Such prayer can always be sought by petitioners by filing a separate suit...........
Evidence Act, 1872, Section 68 -- Partition deed - Document of partition was duly registered in accordance with law in force and its execution was not specifically denied by any of signatory to document would sufficiently bring document outside the purview of S.68 of the Act...........
Will -- Due execution - Will in favour of plaintiff is valid in view of following reasons: (i) all sons of testator provided their respective shares under a registered partition deed and testator in fact had given a police complaint against his own sons; (ii) Will was a registered Will of 1992 and after execution of which testator lived for four years: (iii) plaintiff..........
Civil Procedure Code, 1908, Order 41, Rule 5(3) -- Stay of execution by appellate Court - Partition decree - Decree appealed is decree in partition suit which only decides right of parties and share and it is not the money decree - Provisions of O.41.R.5(3) CPC thus, not applicable - Impugned order set aside...........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition suit - Compromise decree - Objection as to inexecutability of decree - Compromise decree cannot be said to be inexecutable merely because property which came to defendant's share is possessed by some persons, who were not party to suit - Objection raised by defendant regarding executability of decree is..........
