Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After passing of preliminary decree in partition suit, is maintainable, since suit is not terminated and proceedings are continuous...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate one property after passing of preliminary decree in partition suit - Said property was purchased by petitioner from defendant no.1, thus it is joint family property and liable for partition - Since defendant no.1 used to manage all properties, plaintiff only came to know..........
Court Fees Act, 1870, Section 7(viA) -- Court fee - Partition suit - Suit instituted by plaintiff and valuation of suit as made by her was appropriately valued as per trial Court after calling for a report from Amin - No error found in said judgment of trial Court - However, subsequently when parties lead their evidence, superior appellate Court or revisional Court comes..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed of 1963 - There is no time limit prescribed under said partition deed for plaintiffs to put up compound wall - Plaintiffs exercised their right to put up compound wall only in the year 1994 -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed - Defendants neither disputed partition deed nor established their right to claim adverse possession to prevent plaintiffs to exercise their right available to them under partition deed - Plaintiffs..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down physical features and topography of suit property - Partition suit - Suit filed for seeking partition of agricultural land - Even, assuming that suit is ultimately allowed, division of property would be required to be worked out by metes and bounds at the time of passing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Suit for declaration and partition - Amendment sought for altering shares of parties - Proposed amendments are not in the nature of changing nature and character of suit - Amendment allowed with costs of Rs.1000/- considering delay...........
Easements Act, 1882, Section 15, Specific Relief Act, 1963, Section 38 -- Right to pathway - Injunction suit - Right of way given to all parties under partition deed - There was thus, no necessity for an additional pathway running through entire extent of 69 cents - Contention of defendants that they do not have an alternative pathway is absolutely false statement -..........
Partition suit -- Joint Family property - Alienation of suit property by defendant No.1 - Right of defendant No.1 to alienate suit property is negated and invalidated by two Courts below - Suit property is joint family property of father of both plaintiffs and defendant Nos 1, 2, 4 - Father of parties thus, has no right to bequeath suit property to defendant No.1, nor has..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband disclosed that his father had 25 acres of land and after partition 5 acres of land is in the name of husband - Land in the name of husband is a valuable land - Permanent alimony of Rs.2 lakhs as awarded by trial Court is on lower side - Permanent alimony awarded as Rs.8 lakhs to wife...........
