Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - All the suit properties proposed for partition are not owned by defendants - Some of properties are held by third parties - It is for plaintiff to implead those parties or ought to have deleted portion of suit property owned by third parties - When plaintiff failed to carry out..........
Partition suit -- Grandfather of parties was declared owner of suit property in earlier judgment, which is relied upon by plaintiffs in this case - Plaintiffs proved that suit property belonged to grandfather of parties, who executed Will in favour of their father with life interest to their mother and therefore, parties being their children become owners of suit property..........
Partition suit -- Court has jurisdiction to make adjustment of share of parties in the final decree proceedings...........
Civil Procedure Code, 1908, Section 2(12), 151 -- Mesne profit - Claim by co-sharer from other co-sharer - Partition suit - Mesne profit can be claimed from a person who is in wrongful possession - Admittedly, parties are co-sharer and defendants are not getting any financial benefit out of suit property - Co-sharer has right over every inch of undivided property until it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No cause of action - Partition suit - Parties were related to each other and fact that properties are allegedly inherited from biological father was good enough cause of action to maintain a partition suit - Application rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Amendment is permissible once Appellate Court sets aside the judgment and decree and remands suit for decision afresh - Amendment sought (i) regarding partial partition and (ii) regarding valuation of the suit - It does not change nature of suit -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Preliminary decree - Partition suit - Oral partition between parties already taken place as per defendant No.2 - However, no documents on record to prove factum of oral partition - Even otherwise, admission made by DW2 that there is no oral partition, is on record - Since defendant No.2 pleaded oral partition,..........
Partition -- Joint family property - `B' scheduled property proved to be ancestral property acquired by father of parties in partition between father and his brothers - Thus, plaintiffs entitled to share in said property - Suit partly allowed to extent of `B' scheduled property...........
Partition Act, 1893, Section 4 -- Partition suit - Defendant reconstructing house at his own cost - This does not defeat rights of plaintiff when property is jointly owned and possessed by the parties...........
Partition Act, 1893, Section 4, Civil Procedure Code, 1908, Section 100 -- Partition suit - Suit property jointly owned and possessed by parties - Defendant no.1 made attempt to prove on record that after collapse of house, he constructed new house, but defendant`s witnesses admitted that house was reconstructed during lifetime of their father on expenses borne jointly by..........
