Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Shared household - Where family member leaves shared household to establish her own household, she cannot claim to have a right to move an application u/s 12 of the Act on basis of domestic relationship - If at all complainant is having any right over property, she can file a suit for partition -..........
Partition -- Joint family property - Property in question is purchased by father of plaintiffs - Though plaintiffs contended that suit property is joint family property, but they failed to substantiate their claim - Execution of Will in favour of defendant not proved - When father died leaving behind a son/defendant and daughters/plaintiffs, all are entitled to succeed to..........
Co-owner -- Owns every part of composite property along with others and he cannot be held to be a fractional owner of the property unless partition takes place...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought after delay of about 5 years and that too when matter is at the stage of defendants evidence - Application for amendment though filed belatedly, simply explains stand taken by petitioner in his written statement - Paragraphs sought to be incorporated explain..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Daughter cannot claim higher right than right of her father...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Great grandfather of plaintiff died in 1965 and property devolved upon his two sons - They succeeded to ancestral property equally - Suit property partitioned in 1967, as a result property came to exclusive share of grandfather of plaintiff in his individual capacity - Father of plaintiff..........
Partition -- Final decree - Appointment of Local Commissioner to partition the suit property according to preliminary decree - Appellant purchased some portion of suit land after passing of preliminary decree but before final decree - Sale hit by rule of lis pendence - Held, decree holder was not bound to give any notice to the appellant...........
Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........
Partition suit -- Joint family property - There is unity of title and continuity of possession of plaintiff and defendants over suit land - Suit property is not partitioned as yet and plaintiff being joint owner of suit property has right to partition to extent of her share and plaintiff is entitled for 1/7th share in suit property - Alienation of portion of property in..........
