Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to include averment in respect of one more property which is a joint family property - Existence of property in question could not be ascertained while filing additional written statement, in spite of due diligence on the part of defendant No.1 - Property..........
Civil Procedure Code, 1908, Order 16, Rule 1A -- Production of witnesses without summons - Application allowed - Legality of order - Partition suit - Application allowed after dealing with the issue of requirement of recording the evidence of witnesses - Proceedings were at initial stage - More so, evidence of aforesaid witnesses was important for proper adjudication of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal - Appeal dismissed...........
Hindu Succession Act, 1956, Section 14(1) -- Property acquired by Hindu female - Mutation entry in favour of Hindu female - No other document in her favour - Words `in any other manner whatsoever' are not sufficient to attract elements of acquisition by mutation entry u/s 14(1) of the Act - Said term needs to be construed and interpreted in context of partition or..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Partition suit - No dispute regarding possession over plot in question - Application filed just for purpose of delaying proceedings of appeal - No infirmity found in impugned order of rejecting application for appointment of local commissioner...........
Transfer of Property Act, 1882, Section 8 -- Partition of property - Applicability of S.8 of the Act - Partition of property is only a division between co-owners - S.8 of the Act thus, have no application...........
Partition -- Issue regarding use of tubewell - Deed of partition does not make a provision for tubewell and its electric connection - Same would therefore, continue to be joint, particularly when there is no evidence led to prove that plaintiff has another source of irrigation apart from said tubewell - No interference warranted in said concurrent findings of Courts below...........
Civil Procedure Code, 1908, Section 151 -- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied by the parties against each other..........
Partition suit -- Part of property under Will sold to third party - Once Will in question not proved, plaintiff cannot be subjected to any disadvantage in allotment of properties merely because defendants chose to assert their right under the Will and sell most valuable item of property to others to detriment of plaintiff...........
Limitation Act, 1963, Article 65 -- Limitation - Partition suit - Plaintiff married prior to amendment of S.6 of Hindu Succession Act, thus, she may not be a co-parcenar - However, properties being self acquired properties of testator, till his death, right and title in properties were vested in him - De hors the Will, none of children acquired any right over properties..........
