Partition suit -- Settlement deed in a partition suit without any written consent of all the parties is unlawful - Therefore, decree by consent amongst only some of parties cannot be maintained...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of judgment - Valuation of subject matter of suit property - Parties were heard on issue of valuation and then trial Court ascertained the valuation of subject matter of suit property - It cannot be said that valuation was only clerical or arithmetical mistakes or accidental slip - Application rightly..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Second application - Maintainability - Earlier application was neither filed on the ground of suit being barred by law nor was same rejected on the said ground - Objection in earlier application was regarding Court fees - Rejection of same would not operate as a bar to second application...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application U.O.7.R.11 CPC can be filed at any stage of suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Concurrent findings on record that plaintiff failed to prove its case based upon sale deed - Plea of typographical mistakes in plaint not tenable, as there was enough time for plaintiff to move appropriate application to do needful, which admittedly was not done - Findings retuned by..........
Hindu Succession Act, 1956, Section 22 -- Preferential right of heir to acquire property - Agricultural land - Preferential right given to an heir to acquire property is applicable even if suit property is an agricultural land...........
Limitation Act, 1963, Article 97, Hindu Succession Act, 1956, Section 22 -- Limitation - Preferential right of heir to acquire property - Suit for declaration and possession - Sale deed being challenged by plaintiff executed in favour of defendant no.1 - Limitation is to be taken as one year from date of execution of registered sale deed - Suit filed after one year from..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for declaration and permanent injunction - Plaintiff filed the suit on basis of earlier judgment and decree of 1982 in which title of plaintiff was declared - Non-filing of execution proceedings qua said decree of 1982, defendants do not ipso facto become owners of suit property and same does not debar..........
Civil Procedure Code, 1908, Section 10 -- Stay of partition suit - Scope of both partition suit and probate proceedings are different - S.10 CPC apply only if there is identity of the matter in issue in both the suits - Even, a probate petition is not a suit u/s 10 CPC and both partition suit and probate proceedings can proceed - Partition suit cannot be stayed - Both the..........
