Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant by way of amendment sought to introduce some facts on the basis of discovery of some documents which were in the custody of his deceased father - Amendment sought when trial of suit had already commenced and also arrived at the stage of closure of evidence from the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant after filing written statement seeking permission to produce original Will - Inspite of due diligence defendant could not submit said Will before commencement of trial, as she was 70 years old lady and failed to locate the original Will due to her old age and bed..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff claiming to be in exclusive possession - Defendant claiming that status of parties was joint - In partition proceedings possession was delivered to the parties on the spot and mutation was also sanctioned - Defendant did not challenge delivery of possession - From copy of Jamabandi for the year 1995-96 it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary Injunction - Suit for partition - In a suit for partition, normal practice is to preserve the property as it is, so that at the time of final decision of suit it may not result in complication and multiplicity of proceedings - Grant of temporary injunction by trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary Injunction - Suit for partition - Appellate court while exercising its powers, is required to act with great care and circumspection - Order of temporary injection is not to be interfered with in routine manner unless and until it is noticed by appellate court that..........
Co-owner -- Sale - Co-owners in exclusive possession of specific portion of joint property - Sale by co-sharers is valid since they were in exclusive possession of the same - However, sale is subject to determination of their share at the time of partition...........
Co-sharer -- A co-sharer not in possession - Remedy is to seek partition - However, a co-sharer out of possession can seek relief of permanent injunction, if by the act of another co-sharer in possession, the value or utility of the property is diminished or such acts of the co-owner in possession are detrimental to the interest of other co-owners out of possession - Mere..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and partition - Plaintiffs admitted execution of Will by their deceased father and to the fact that suit premises was his self acquired property - Held, thereafter there does not exist any cause of action in favour of plaintiff to institute the suit, nor do they have locus standi to..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale beyond share - Suit for permanent injunction - Remedy available is to seek declaration of sale deed as well as partition of the property - In the absence of declaration, Court cannot decide whether sale deed is beyond the share or not...........
Hindu Law -- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only manner in which an outsider can get possession is to sue for..........
