Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Partition suit - Impleadment as defendant in partition suit in which trial Court has already passed preliminary decree - Applicant claiming joint ownership of suit property under Will - When preliminary decree, having not been challenged in appeal, has become final, question of impleading applicant does not arise -..........
Partition Act, 1893, Section 4, Transfer of Property Act, 1882, Section 44 -- The provisions are enacted for the domestic peace of members of undivided family occupying a common dwelling house from the encroachment of a stranger transferee - The provision of S.4 Partition Act is available at all the relevant stages of the litigation between the contesting co-owners till..........
Partition Act, 1893, Section 4 -- Dwelling house belonging to undivided family - Suit for partition - Final decree passed - S.4 can be pressed in service in execution proceedings arising out of a final decree for partition, by one of co-owners against a stranger transferee of a share therein - Held, S.4 in its applicability covers all stage of litigation in a partition..........
Punjab Land Revenue Act, Section 13, 16, 116, 121 -- Challenge to order finalising partition-Meanwhile instrument of partition prepared and sanctioned-Partition became final with sanctioning of instrument of partition-Instrument of partition enforceable like a decree of a Civil Court for immovable property-Proceedings in appeal and revision against order finalising..........
Partition suit -- Properties of male Hindu devolved on his adopted son - His widow not entitled to a share therein - Two sons of adopted son who filed suit entitled to 1/3rd share each along with their father - Sale deed executed by adopted son and his adoptive mother being in violation of Section 4 of Dowry Prohibition Act - Void - Vendees in possession of property..........
Civil Procedure Code, 1908, Order 21, Rule 32(2) -- Injunction decree -Subsequently a preliminary decree followed by a final decree was passed in a suit for partition - Parties are governed by the final decree in partition suit as it has become final and any other proceedings in respect to the property involved would stand closed...........
Hindu Law -- Partition - Specific properties purchased before institution of suit for partition - Though the appellants have no right to equities, yet the respective share to which their principal alienor was entitled would be allottable to them as a special case - As the preliminary decree specifically provided that the good and bad qualities of the land to be taken into..........
Hindu Law -- Partition - Family debt - Not tainted with immorality or illegality - Debt is binding on sons - Provision for its discharge from out of estate has to be made at the time of final decree for partition...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Partition suit - Proceeding for final decree - Plea raised that one of the defendant was lunatic and no guardian was appointed to represent him - Lunatic defendant was represented by his mother - Prejudice whatsoever not caused to petitioners or other defendants - Absence of formal order appointing guardian - Decree is not..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10 -- Partition suit- After Preliminary decree and before final decree one sharer died - LR's not brought on record - Final decree cannot be passed with out bringing LR's on record - O.22.Rr.3, 4 not applicable - O.22.R.10 applies - In a suit for partition or dissolution and settlement of accounts, entire final decree is a..........
