Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Plea of 1965 partition - Specific amendment in the pleadings was sought by plaintiff with reference to 1965 partition but the same was rejected - Even the pleadings to that effect sought to be taken in replication filed by plaintiff was struck off by trial Court - In such a situation, evidence with..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for partition - Earlier suit dismissed in default - Plea of res judicata not sustainable as (i) there was no adjudication in the earlier proceedings; (ii) suit being one for partition, so long as co-ownership continues, there is no bar to maintain the present suit...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Court - Suit for specific performance - Suit filed in the year 2006 and judgment passed in 2010 - Judgment sought to be marked is in respect of a partition suit filed in the year 2014 in between defendants and his family members who are claiming rights over property - Application dismissed as..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Motive - Deceased instituted partition suit against his brother/A-9 and said suit was decreed in favour of deceased - It was annoyance with said litigation that A-9 and his family members decided to do away deceased and his family members for which they took help of their friends A-4, A-5 and A-7 - There was thus, clear..........
Hindu Marriage Act, 1955, Section 16 -- Children born out of void and voidable marriage - Once the status of children is established as extended family of propositus, irrespective of whether the marriages of mothers of children with propositus is void or voidable, children are entitled to a share in the property of notional partition in favour of propositus...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit before revenue Court - Impleadment sought on the basis of agreement to sell in their favour - Mere execution of agreement to sell does not create any right in favour of respondents - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 10, 151, Order 4A -- (As in UP) - Stay of subsequent suit - Earlier suit is one for declaration and subsequent suit is for partition - Both the suits are pending in the same Court - Continuance of subsequent suit is contingent upon findings of prior suit - To avoid conflicting findings when there are identical issues in both the suits..........
