Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Partition suit - When a suit is laid for Partition over certain properties, principles of lis pendens come into operation and any subsequent transaction by any of parties would be of no consequence and would not affect rights of others - There is thus, no need to move an application U.O.39.Rr.1, 2 CPC..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Filed by subsequent purchasers - Partition suit - Appellants filed second appeal before High Court and they were not parties before Courts below, but have interest in subject matter - Application for additional evidence also filed along with appeal - Substantial questions were framed - However, substantial..........
Partition suit -- Joint Family Property - Plaintiff and defendant are brothers - Suit property was purchased in joint name of plaintiff and defendant - Defendant though contended that suit schedule property was purchased from and out of his own income but he failed to prove such fact - Suit property was purchased jointly by both the parties and thus, both of them are..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Partition suit - Defendant by way of additional written statement wants to withdraw the admission of character of property in original written statement - More so, application filed belatedly after closing of evidence - Order allowing application, set aside...........
Punjab Land Revenue Act, 1887, Section 121, 122 -- Partition proceedings - Preparation of sanad taksim - Appeal - Not maintainable...........
Punjab Land Revenue Act, 1887, Section 121, 122 -- Partition proceedings - Issuance of sanad takism - Filing of appeal after issuance of sanad taksim is probably malicious and mischievous...........
Evidence Act, 1872, Section 138 -- Cross-examination - Plaintiff and defendant nos.4 to 7 are claiming their rights indirectly against other defendants/petitioners - Main relief of plaintiff is for cancellation of sale deed - Position of defendant nos. 4 to 7 become as co-plaintiffs as they are seeking decree of partition vide counter claim against plaintiff and plaintiff..........
Police protection -- Claimed by daughter in law restraining father-in-law and his relatives not to evict her forcibly from matrimonial home - Action of police in helping daughter-in-law with one year child in her lap in getting inside the house when exposure of cold could have proved fatal to infant cannot be said to be illegal, arbitrary or unjust - Whether or not..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where even if plaintiff admitted existence of title in favour of defendant No.9/applicant, that cannot per se disentitle him to an opportunity to prove his case at trial - There is no unequivocal or categorical admission in favour of defendant No.9 - As regarding relief of declaration sought, same are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to include prayer for cancellation of sale deed and for inclusion of some new properties - It is not clear from material on record as to whether plaintiff was aware of her right over property transferred through sale deed by defendant but remained inactive to challenge..........
