Jasbir Singh v. Amrik Singh, 2022 PLRonline 0495
PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Manoj Bajaj. JASBIR SINGH – Petitioner, Versus AMRIK SINGH – Respondent. CR-3306-2022 ...
Tag: Partition
CPC O. 6 R. 17 – The admission, as such, which was made regarding the relationship was, thus, sought to be withdrawn by way of proposed amendment and a totally new and inconsistent case is sought to be set up and would cause serious prejudice to the plaintiffs and alter the character of action – Not permissible
Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17 – In the written statement filed, it was admitted ...
CPC O. 1 R. 8 – is applicable when there are numerous persons having the same interest – Court is requested to direct the plaintiff to implead all the co-owners as party-defendants and thereafter, proceed with the matter
Anil Kshetarpal, J. / Mr. Ashwani Bakshi, for the petitioner / P&H Civil Procedure Code, 1908 (V of 1908), Order ...
Partition – Instrument of – Registration – Oral partition – It is well-settled that while an instrument of partition which operates or is intended to operate as a declared volition constituting or severing ownership and causes a change of legal relation to the property divided amongst the parties to it, requires registration u/s 17(1)(b) of the Act, a writing which merely recites that there has in time past been a partition, is not a declaration of will, but a mere statement of fact, and it does not require registration.
Evidence Act, 1872 — Section 91 , Registration Act, 1908 — Section 17, 17(1), 49 - Partition – Instrument of ...
Tests for determining whether a document is an instrument of partition or a mere list of properties
The tests for determining whether a document is an instrument of partition or a mere list of properties, have been ...