Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to protect the property and..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed defendants - Defendant in her..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Defendant was put into possession of suit property pursuant to agreement to sell executed by father of plaintiff - Construction over suit property was raised by defendant with consent of plaintiff, who never objected to same - Possession of defendant is permissive and not that of an encroacher..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wanted to add one more item of family property into suit schedule property - Trial has not commenced and since both plaintiff and defendant are claiming right over property, no prejudice would be caused to party - Issue as to whether property in dispute is a..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiffs asserted that suit properties are joint family properties and not partitioned by metes and bound - Defendants on the other hand asserted that some of suit properties are their self acquired properties - In view of said categorical stand of defendants, they shall begin first - Only..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Suit for declaration of right, title, interest, confirmation of possession - Suit property leased out to DHrs by State Housing Board - State Housing Board not filed any application challenging executability of decree - JDs not taken any steps to prove that suit property is a joint family property as..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - Joint Family property - Partition - Once partition in joint family is admitted, there is complete partition - Party who alleges the fact that a particular property was left out from partition has to plead and prove that said property was deliberately left out from partition to be retained as Joint..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary party - Petitioner claims suit property as joint family property in which he has undivided share - Impleadment would convert suit for specific performance of contract into suit for title - Impleadment cannot be granted...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of subsequent suit - Suit for partition - Cause of action for filing present suit distinct from cause of action for filing earlier suit - Subsequent suit filed only with regard to one of the joint family properties that came to be purchased by the predecessor of the appellant - Held, dismissal of..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Conviction - Compromise - Parties arrived at a settlement by which both parties agreed to get divorce by mutual consent - Joint petition for divorce by mutual consent filed in which they have made their respective statements - Criminal proceedings quashed...........
