Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Suit for partition - Valuation of the property - Ordinarily it has to be the date of passing of the final decree and not the date of filing of the suit for partition - The actual partition is effected by passing of the final decree as such valuation has to be on the date of..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Shares, bonds and securities - Non availability at the time of partition - By itself not a ground to deny plaintiff his share if he is otherwise entitled thereto...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Shares, bonds and securities - Non availability at the time of partition - Party in possession is liable to give accounts for the rents, income, profits and dividends in respect of the joint family property to others...........
Indian Penal Code, 1860, Section 471, 463 -- Complaint about forgery of partition deed - Civil Court finding that partition deed is not forged - Averments in complaint the same as raised in Civil Court - Criminal complaint quashed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for partition - Exparte preliminary decree - During pendency of application to set it aside final decree passed - Held, if exparte preliminary decree is set aside then final decree automatically goes...........
Transfer of Property Act, 1882, Section 44, Partition Act, 1893, Section 4 -- 'Dwelling house' - Determination - In the instant case bar of S.44 not attracted as suit land is neither part of plaintiff's house nor appurtenants used by plaintiff - Thus, plaintiff's suit deserves to be dismissed - Legal aspects - Clarified...........
Civil Procedure Code, 1908, Section 100 -- Challenge to directions given by Appellate Court in partition suit - Trial Court dismissed partition suit - Appellate Court decreed suit of plaintiff - appellant and gave directions that Local Commissioner to be appointed by trial Court shall suggest mode of partition, possession of parties shall not be disturbed unless essential..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Mutation of partition - Family partition reduced to writing - Transfer of possession - No question of formal transfer of possession in a family partition...........
Evidence Act, 1872, Section 92 -- Document (memorandum of partition) not executed between all co - sharers - Mere fact that document not executed between all co - sharers - Does not render document invalid as far as parties who had signed the document - For purpose of determining nature of possession over land in dispute - Document binding upon the parties who had signed -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Request for return of plaint on ground of lack of jurisdiction - Suit for partition - Jurisdiction of Court depending upon ownership of property which can be decided only on recording of evidence - Held, plaint cannot be returned...........
