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..........
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..........
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...........
Civil Procedure Code, 1908, Section 97 -- Appeal - Partition suit - No appeal filed challenging preliminary decree, it becomes final - Aggrieved party therefore, cannot be permitted to challenge its correctness in an appeal against final decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to declare sale deed executed during pendency of suit to be null and void - Suit was instituted claiming that suit property was joint property and without partition defendants cannot sell any specific portion nor they can evict plaintiffs from any portion - Amendment..........
Civil Procedure Code, 1908, Section 97, 54 -- Decree for partition - Appeal - Discrepancy in preliminary and final decree - Decree in appeal not final decree - However, certified copy of final decree passed on a different date placed on record - Appeal is not maintainable...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Suit property subject matter of dispute both in partition suit and in probate proceedings - Jural relationship amongst parties inter se is finally decided in preliminary decree - Decision in probate proceeding on question of proof of Will would have a direct impact on partition suit - Decision in partition suit would..........
