Civil Procedure Code, 1908, Section 10, 151, Order 4A -- (As in UP) - Stay of subsequent suit - Earlier suit is one for declaration and subsequent suit is for partition - Both the suits are pending in the same Court - Continuance of subsequent suit is contingent upon findings of prior suit - To avoid conflicting findings when there are identical issues in both the suits..........
Partition suit -- Necessary party - Where a person in a suit for partition is interested in its result and is entitled to a share, he must be regarded as a necessary party...........
Partition -- Preliminary decree - Challenged by purchaser from one of the co-sharers that his rights are adversely affected as he has spent huge amount in raising construction - Appeal was dismissed but a direction was issued to demolish the construction on the suit plot forthwith - Demolition of already constructed buildings may not be in the interest of any of the..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Partition suit - Trial Court ignoring the fact that all sharers have not been made as parties and proceeded to decree the suit despite there is specific contention taken in written statement regarding non-joinder of necessary parties and also there is previous partition - Impugned order of rejecting..........
Partition -- Admission regarding family arrangement will not establish partition between parties...........
Hindu Law -- Joint Family Property - Co-sharer in possession can transfer a specific portion of land and transferee is entitled to remain in possession till the partition...........
Civil Procedure Code, 1908, Section 54 -- Partition suit - Division of revenue land - Advocate appointed as Commissioner for division of revenue land by trial Court while passing preliminary decree - Collector or any Gazetted Subordinate Officer who is deputed by collector is entitled to division of revenue land as per S.54 CPC - Preliminary decree and final decree passed..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plea of adverse possession and title - Defendant admitted the ownership of father of plaintiff - Plaintiff became one of co-owners along with his brothers after demise of his father - Deed of partition pleaded by defendant not proved - Two alternative pleas of adverse possession and title was sought..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
