Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine any document for deciding..........
Partition suit -- Family settlement/samjhotanama executed between parties and plaintiff was already compensated for his share - Witnesses to the said document confirmed that they were present when document was executed between parties - No material contradiction emerged from the testimony of witnesses regarding execution of settlement despite of their lengthy..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation of suit - Suit for declaration, partition and separate possession - Suit was not properly valued - Plaintiff was directed to correct the valuation of suit - After correction of valuation of suit claim, Civil Judge Junior Division ceased to have pecuniary jurisdiction to entertain the suit -..........
Civil Procedure Code, 1908, Section 54 -- Partition - Final decree - Subject property not an estate assessed for payment of revenue to Government - S.54 CPC is with respect to agricultural land as governed by Delhi Land Reforms Act and Delhi Land Revenue Act and would have no application to subject property - Even otherwise, shares of parties have already been determined..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Final decree - Shares of parties already determined with plaintiff and defendant no.1 by passing a preliminary decree - It is only with respect to 2/6th share that there is inter se dispute between defendant no.2 and defendant no.3 - Said dispute does not fall adjudication in the present suit, as it is already a..........
Partition Act, 1893, Section 2 -- Partition - Final decree for partition by sale - Not barred u/s 2 of the Act, in the event of inter se dispute between two or more persons with respect to one share in property, particularly when other share in property is not affected by said dispute...........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Assistant Collector order indicates presence of parties being represented by counsel, which is totally beyond record - Assistant Collector being competent authority in entertaining application for partition should not be lackadaisic in following procedure particularly effecting service and so call promulgation -..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleadment of a party - Partition suit - Death of plaintiffs after passing of preliminary decree - Proceedings do not abated due to death of plaintiffs, as hearing is already over and preliminary decree is also passed - Application to bring LRs of deceased plaintiffs need not be..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Prior partition of suit land by metes and bounds alleged by defendant - Burden is on defendant to prove prior partition - Defendant rightly directed to begin first...........
Registration Act, 1908, Section 17, 49 -- Partition - Registration - Execution of an unregistered deed of acknowledgment of previous partition - Unregistered partition deed is a valid document...........
