Civil Procedure Code, 1908, Section 151 -- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied by the parties against each other..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issues - Partition suit - Issue with regard to maintainability of suit and non joinder of necessary parties - Cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue regarding whether parties are co-owners/co-sharers or not is decided against plaintiffs in previous suit for permanent injunction - In previous judgment as well as in present litigation, there is proceedings for partition of property before competent authority and Court recorded finding in previous judgment..........
Will -- Cancellation of - Original suit was not a suit for partition but it was a suit for cancellation of disputed Will, therefore, Courts below were not required to ascertain shares of all parties...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Declaration of rights of parties to partition suit is not dependent on payment of Court fee by defendant - It affects only actual partition and separation of his share in property...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition..........
Civil Procedure Code, 1908, Order 20, Rule 18, Registration Act, 1908, Section 17 -- Suit for partition - Will in favour of defendant - Plaintiff claimed partition on basis of agreement for dividing suit property - Agreement was unregistered and not acted upon by parties - Agreement cannot confer right over property to claim partition...........
Partition -- Prior partition between parties - Suit properties were already partitioned amongst legal heirs - Father of respondent No.1 already applied to Revenue authorities stating that his sons are living separately and therefore to enter their names of suit properties - Moreover, factum of prior partition also proved from the criminal proceedings in which respondent..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Withdrawal of - Partition suit - Purpose of a compromise is to resolve a dispute between litigating parties - Since alleged compromise filed by plaintiff would not resolve dispute between parties, trial Court rightly rejected the compromise application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Merely because trial Court may proceed to decide application of plaintiffs U.O.12.R.6 CPC, that may not be reason for not allowing proposed amendment to written statement, particularly when amendment sought to elaborate certain facts and to bring about more clarity in pleading..........
