Civil Procedure Code, 1908, Order 26, Rule 10, 13, 14 -- Examination of Commissioner - Powers of Court - Suit for partition - Report submitted by Commissioner - Court is empowered U.O.26.R.10 CPC to summon Commissioner as witness to examine report in partition final decree proceedings with right of cross-examination to both the parties - U.O.26.R.10 CPC a party has right..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Partition suit - Mistake as to survey number of suit property - Parties do not dispute the fact that particulars sought to be corrected is a mistake - Even there is no dispute between parties regarding identity of property sought to be partitioned - Respondents have no objection to the correction of survey..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Court - Partition suit - Where there are other parties also entitled to get right in property apart from spouses as co-owners, then such a suit for partition of those properties, jurisdiction of Civil Court is not ousted...........
Family Courts Act, 1984 -- Suit property already divided between ancestors of parties - This fact is not denied by defendant - There was thus, no question that father of plaintiff being co-owner of property when the sale deed in question was executed in favour of father of defendants after partition of property - Mere recital in the sale deed as to execution of sale deed..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Delay of 101 days - Condonation - Suit for partition - Petitioners in their affidavit stated about knee operation undergone by counsel, but said fact was not taken into consideration by Court below - Since it is suit for partition and substantial rights of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot be sustained and hereby..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of parties - Partition suit - A party can claim transposition from category of defendant to category of plaintiff and vice versa in a partition suit, as position of parties are interchangeable - Per se transportation is not prohibited in partition suit - Even from the point of view of frame of suit,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Second appeal - Suit for partition - Court has discretion to implead any person at any stage for effective adjudication of suit - Court is competent to exercise this discretion even at second appellate stage to permit joinder of necessary parties to the suit - Once this permission is granted, order..........
Partition -- In the absence of plea of adverse possession by any of the parties, suit cannot be dismissed as barred by limitation...........
Partition suit -- Partial partition - Difference in the mode of acquisition of suit property and other properties - Parties to the suit are not the only owners of other properties - Held, suit for partial partition is not bad as other properties not included are not acquired by the parties to this suit and those others have nothing to do with the property to which this..........
