Suits Valuation Act, 1887, Section 4, 11 -- Valuation of suit - Suit for partition - Filed before Court of limited pecuniary jurisdiction - Trial Court with limited pecuniary jurisdiction can direct plaintiff to value suit as per the guidelines as it is within the jurisdiction of Civil Judge even if material would not have been brought to notice of Civil Judge to direct..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Partition suit - Mistake as to survey number of suit property - Parties do not dispute the fact that particulars sought to be corrected is a mistake - Even there is no dispute between parties regarding identity of property sought to be partitioned - Respondents have no objection to the correction of survey..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Counter claim after filing written statement - - Partition suit - Cause of action in respect of counter claim accrued to defendants before filing of written statements - Application for counter claim allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Original suit is for permanent injunction - Plea for introducing suit for separate possession by way of partition by metes and bounds would be totally separate cause of action and that would change nature of suit - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to raise plea of separate possession - Such plea for separate possession by way of partition by metes and bounds is totally a separate cause of action which will change nature of suit - Application rightly dismissed...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Court - Partition suit - Where there are other parties also entitled to get right in property apart from spouses as co-owners, then such a suit for partition of those properties, jurisdiction of Civil Court is not ousted...........
Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Benami transaction - Suit for partition, possession and mesne profits - Maintainability of suit - Plaintiff admittedly claimed 1/3rd share of suit property purchased in the name of defendant - Registered sale deed is in the name of defendant - Suit filed in 1990 after coming into force of Benami Act - It is not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party at appellate stage - Partition suit - Petitioners seeking their impleadment stating that boundaries of suit property are wrongly mentioned in the suit - However, no boundaries were disclosed in the sale deed in question - Moreover, it is difficult to believe that these revisionists did not have..........
Family Courts Act, 1984 -- Suit property already divided between ancestors of parties - This fact is not denied by defendant - There was thus, no question that father of plaintiff being co-owner of property when the sale deed in question was executed in favour of father of defendants after partition of property - Mere recital in the sale deed as to execution of sale deed..........
Hindu Succession (Tamil Nadu Amendment) Act, 1989, Section 29A -- Suit for partition - Equal rights to daughter in coparcenary property - Appellant, married after the amendment - First appellate Court remitting back the matter to Trial Court for taking account of other properties inherited by appellant`s father found to be proper...........