Evidence Act, 1872, Section 112 -- DNA test - Partition suit - Plaintiff sought sibling DNA test to prove that she is daughter of `K' and `M' - However, DNA test even if allowed will not establish the marriage between `K' and `M' - Moreover, said marriage took place 81 years back and that no one who witnessed the marriage are alive and there exists no way to prove the..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - For establishing full ownership on the undivided joint family estate u/s 14(1) of the Act, Hindu female must not only be possessed of property but she must have acquired the property and such acquisition must be either by way of inheritance or devise, or at a partition or "in lieu of maintenance or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate properties mentioned in written statement - Since suit is for partition and permanent injunction, all the disputed properties should have been included in the suit - Same would not change the nature of suit - Application allowed for including additional..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Land in question is joint - Since, defendants are trying to occupy the portion of joint land and exclude plaintiffs from its use, they are entitled to seek relief of prohibitory injunction and mandatory injunction - They need not seek relief of partition or declaration of title...........
Partition suit -- Will - Whenever a Will is projected in defence in the suit for either declaration or partition, there need not be a prayer for setting aside the Will - Dismissal of suit on the ground that there is no prayer for setting aside Will is unknown to law...........
Partition suit -- Entire evidence of suit recorded in the absence of defendant No.3, who is newly impleaded - Defendant No.3 is the legatee under Will as produced by defendants - He would be entitled to file written statement projecting whatever defence that is open to him and also let in evidence - De novo trial of case directed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Registration Act, 1908, Section 49, 17 -- Unregistered award - Can be used for collateral purpose in a suit for partition to the limited extent of establishing the nature, identity and location of properties sought to be partitioned, but not for proving factum of partition of suit properties...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
