Mohammedan law -- Joint property - Alienation of part of property by co-sharer without authority from other co-sharers - Purchaser is not entitled to adjustment of equities in respect of other properties held as tenants in common by such Muslim co-sharers and which have not been alienated to a third person - However, where such co-sharers who alienated specific property..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment seeking addition of averments regarding Will in favour of defendant - Prayer for amendment made in view of subsequent events happened between parties and same is necessary to determine real controversy between parties - Moreover, suit is at the stage of completion of..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents sought are relevant with regard to dispute between parties except document No.1 - Said documents are in the name of person for whose properties suit for partition is being filed by plaintiffs - Documents except document No.1 are taken on record subject to payment of Rs.4000 as cost..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of partition suit - Suit for partial partition - Defendant sought complete partition of property at the stage when appeal was being heard at final stage - Parties are governed by Muslim law and even if Muslim law permits partial partition, defendants could have sought complete partition, but only at the stage of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - No injunction can be granted against other co-sharers unless and until plaintiff is proved to be in exclusive possession of suit property to the ouster of other co-sharers - In such circumstances, plea taken in plaint has to be appreciated - Ouster has to be pleaded and should depict as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - No injunction can be granted against other co-sharers unless and until plaintiffs are proved to be in exclusive possession of suit property to ouster of other co-sharers - Ouster has to be pleaded and should depict as per prima facie material on record - Only remedy available is to file..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - No appeal lies in a partition suit, unless a partition scheme is finalized and final decree is prepared, as appeal lies only against final decree and not against partition scheme...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Partition suit - Defendant can set up a counter claim even in a partition suit either against plaintiff or other defendants...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Concept of dominus litis - It is for plaintiff to choose a party as a defendant since he is dominus litis and no one can force plaintiff to add any party as a defendant in suit - However, concept of dominus litis will not strictly apply in a suit for partition since in such a suit, even defendants can..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Counter claim - Impleadment of a party - Partition suit - Defendant wants to add certain parties as defendants, as they are necessary and proper parties to suit - Counter claim is in the nature of cross suit - Defendant held, entitled to add them as defendants, since he is..........
