Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No cause of action - Partition suit - Parties were related to each other and fact that properties are allegedly inherited from biological father was good enough cause of action to maintain a partition suit - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Question of limitation is a mixed question of law and fact - Plaint for partition cannot be thrown out on the ground of limitation, as question of ouster etc., are all to be decided only with reference to facts pleaded and evidence recorded - Application..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Title to agricultural land can only be determined by Revenue Court - Civil Court has no jurisdiction to determine the title of agricultural land - Even a suit for partition of agricultural land lies before revenue Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and permanent injunction - Plaintiff failed to prove his title to disputed land - Said finding of fact is arrived at after due appreciation of evidence on record and same cannot be upset while exercising jurisdiction u/s 100 CPC - Suit rightly dismissed...........
Suits Valuation Act, 1887 -- Joint Hindu Family Property - Limitation - Law of limitation does not per se prescribe any fixed time or period for filing a suit for partition in case of joint family property or jointly owned properties - Suit for partition not barred by limitation...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - Joint Family property - Partition - Once partition in joint family is admitted, there is complete partition - Party who alleges the fact that a particular property was left out from partition has to plead and prove that said property was deliberately left out from partition to be retained as Joint..........
Evidence Act, 1872, Section 102 -- Onus to prove - Self acquired property - Partition suit - Placing onus upon defendants to establish suit property to be their self acquisition without first coming to conclusion that plaintiff pleaded and proved existence of required nucleus out of which said property could have been acquired, is erroneous...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 10, Specific Relief Act, 1963, Section 19, 22 -- Impleadment of a party - Suit for specific performance of contract - A person suing for specific performance of contract can ask for partition and separate possession of property - But, it would not enable a third party who is also..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Amendment is permissible once Appellate Court sets aside the judgment and decree and remands suit for decision afresh - Amendment sought (i) regarding partial partition and (ii) regarding valuation of the suit - It does not change nature of suit -..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of subsequent suit - Suit for partition - Cause of action for filing present suit distinct from cause of action for filing earlier suit - Subsequent suit filed only with regard to one of the joint family properties that came to be purchased by the predecessor of the appellant - Held, dismissal of..........
