Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Partition suit - Partition took place way back in the year 1968 as is evident from revenue record entries - Suit filed after a period of 55 years in the year 2023 - Many of family members had executed registered sale deeds in the year 1978 - Suit filed by plaintiffs was a..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharers - No suit for injunction would be maintainable against co-sharers and the only remedy would be to seek partition...........
Partition suit -- Both plaintiff and defendant Nos.1 to 7 have succeeded to the house in dispute after the death of `R' being his heirs - There is no Will or transfer deed or gift deed or relinquishment deed or any other such document in favour of defendant No.8 - Payment of utility bills would not confer her title of property - Without there being any document of title..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree - When a final decree has been drawn up, signed and engrossed in stamp paper of requisite value, it cannot be said that the suit must be treated to be pending for the purposes of passing further orders including readjustment of shares on account of a change in law...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree - Question of delivery of properties is a matter to be considered at the stage of execution and is not a matter falling for contemplation in the final decree stage...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - During pendency of partition suit or during period between passing of preliminary decree and final decree in the partition suit it is open to a party to seek modification or enhancement of his shares till the passing of final decree - Once final decree is passed suit terminates and remaining issues are to be..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Suit for Partition - (i) In cases when exclusion of Civil Court's jurisdiction is expressly provided for, consideration as to scheme of statute in question and adequacy or sufficiency of remedy provided for by it may be relevant but cannot be decisive; (ii) Where exclusion is pleaded as a matter of necessary..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of decree - Suit for Partition - Character, Nature, Scope, Type and Procedure of preliminary decree and final decree - Analysed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings of fact on record that there is a temple existing on the suit land and therefore suit land cannot be partitioned - Existence of Smadhis on the suit land was also accepted by both the Courts - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 22(2), Specific performance -- Relief of possession - S.22 of the Act in order to avoid multiplicity of proceedings, allows plaintiff to amend the plaint to include a claim for relief of possession, partition etc. at any stage of proceeding...........
