Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Defendant nos.3 to 5 specifically stated in their written statement that they are having 1/4th share in suit property - Suit dismissed - Defendants can be said to be aggrieved by judgment and decree passed by trial Court dismissing suit for partition - Appeal at the instance of defendants is maintainable -..........
Partition suit -- Death of Christian intestate - Share of adopted children - There is no prohibition against adoption in Christian Law - Adopted children are co-sharers and thus, entitled to respective shares in suit property belonging to deceased/owner...........
Hindu Law -- Ancestral property - Succession - Prior to Commencement of Hindu Succession Act - Succession opened in 1951 on the death of great grandfather of plaintiff - Nature of property inherited by his son i.e grandfather of plaintiff was co-parcenary in nature - Even though grandfather of plaintiff had effected a partition of co-parcenary property amongst his sons in..........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Pre-existing right of Hindu female - Gift deed - Property gifted to Hindu female towards maintenance, as earlier some properties were given by her i, laws are not sufficient for her maintenance - There is recital in gift deed to that effect - No evidence on record as to how much property was given to her by her i,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing that the disputed property..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Suit property is in the custody of defendant, who claimed to have purchased it under a registered sale deed - Said sale deed is however, challenged by plaintiffs who claimed that it was obtained by impersonation - Whether the property belongs to..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Party to decree cannot maintain an obstructor's application U.21.Rr.97, 101 r/w S.151 CPC that too without taking up a contention as to accrual of a independent cause of action that would legally constitute a ground for obstruction to execution of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Application for re-adjudication of rights sought by petitioner who is party to decree on the ground that property vested in a widow goes to her hands by divestation, as she contracted second marriage - However, no widow can be deprived of property..........
Civil Procedure Code, 1908, Order 26, Rule 13 -- Appointment of Commissioner - Partition suit - Preliminary decree - Earlier application for appointment of Commissioner was not pressed and on same day present application filed for praying for appointment of Commissioner to carve out share of DH in house property and movable property - Explanation given by DH that earlier..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment of plaint sought to introduce additional properties in the suit - She explained that despite due diligence she did not have knowledge of properties now sought to be introduced to prayer column of plaint in due course - No prejudice will be caused to other..........
