Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Will -- Proof of - Registered Will was executed in favour of one daughter/defendant - Will was proved by one of attesting witnesses of Will - Scribe of Will also deposed as DW9 - Wife of testator deposed that had other daughter and her children taken care of them then they would have given 1/2 share of suit property to them as well - Will in favour of one daughter of..........
Hindu Marriage Act, 1955, Section 16 -- Children born out of void and voidable marriage - Once the status of children is established as extended family of propositus, irrespective of whether the marriages of mothers of children with propositus is void or voidable, children are entitled to a share in the property of notional partition in favour of propositus...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA Test - Partition suit - Status of plaintiff as a member of family is denied by defendants - Plaintiff himself has taken risk of seeking DNA profiling to prove his claim that he is member of family - However, both the persons whom plaintiff is claiming to be his parents are not alive - Person who according..........
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...........
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..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff had raised construction over vacant land in front of ancestral house which earlier served as a passage to his house and on such account he was disentitled from claiming right of passage from veranda which has fallen to share of defendant -..........
