Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Partition suit - Sister of plaintiff not arraigned as a party - However, plaintiff stated that his sister had already taken share and also affidavit is filed to that effect - Suit not bad for non-joinder of necessary party...........
Partition suit -- Suit property belongs to grandfather of parties - There was family arrangement between brothers of plaintiff's father and defendant's father and there was no partition - Defendants categorically admitted that property belongs to their grandfather - When there is admission on part of defendant in written statement itself, admitted fact need not be proved..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widowed daughter-in-law - Obligation of father-in-law shall not be enforced if he has no means to maintain his daughter-in-law from any coparcenary property in his possession out of which daughter-in-law has not obtained any share and any such obligation cease on the re-marriage of daughter-in-law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and injunction - Plaintiff claimed that suit property had fallen in his share - However, no documentary evidence placed on record by plaintiff in order to show that property in question has fallen to his share - In absence of any cogent and reliable evidence led by plaintiff, Courts..........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - A co-sharer cannot be injuncted from selling his share of property even though property is sold by way of specific khasra numbers and same would tantamount to alienation only of a share by co-sharer...........
Agreement to sell -- Direction to register sale deed after passing of decree of specific performance - Decree cannot be held to be unexecutable merely for the reason that suit for partition is pending between coparceners - Moreover, registration of sale deed would not affect right or share of any of other coparceners - Applicant is also a party to suit for partition and..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Surrender of share, of a consideration of Rs.1.50 lakhs, in immovable property by one of the joint owners by unregistered deed - Any interest in immovable property, upwards of the value of Rs.100/- including surrender of a share can only be effected through a registered instrument..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on entire suit land - Plaintiff has no claim on entire suit land - By way of resumption proceedings, plaintiff is claiming only a share therein - Plaintiff thus, can resume part of suit land - He cannot be said to have a prima facie case for injuncting..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - High Court was not right in dismissing petition by giving a finding on novation of Share Purchase Agreement between parties - Said aspect would have a bearing on merits of controversy between parties - It must be left to Arbitrator to decide on said issue also - Impugned order set aside -..........
Partition suit -- Suit property is not at all subject matter of earlier suit for partition - There is no severance between first branch under whom defendants are asserting right and second branch under whom plaintiffs are asserting their half share - Moreover, in a partition suit it is a recurring cause of action and if plaintiffs are not allotted any share in earlier..........
