suit filed in New
Delhi was different and was not within the purview of the Suit filed
before the Trial Court in Bihar. The suit ... combining/including into a same suit of the partition,
and since the partition suit has already been filed by the respondent no. 5
in Bihar
suit.
5.4. He further stated that the application under Order XXIII Rule 1 CPC
filed by the mother of the Plaintiffs in the earlier suit ... application to a
suit for partition and the suit for partition can be filed so long as the right of
Signature Not Verified
Signed
instrument of partition or by a decree of the
court. The only stage that has reached in the suit
for partition filed by the Respondent ... instrument of partition, by oral
arrangement by the parties, or by a decree
of the court. When a suit for partition is filed
suit for partition filed by B.R.Luthra upon his
demise, rather the plaintiff filed the present suit. The order dated 14 th
December ... suit and petition which form part of the documents filed by the
plaintiff along with the present suit.
18. Suit No. 2180/1986 was filed
suit matter of
earlier suit as no right was reserved or permission was sought in the
said suit. Hence, the suit for partition filed ... application for clarification or modification was filed. Rather, the
Appellant filed an independent suit for partition mainly on the
abovesaid reasons. The prayer
event of her failure in
the suit for partition. Having suffered an adverse order in the suit for
partition, it was not open to Respondent ... suit property to the decree holder or his nominee in the
event of her losing the partition suit and moreover the partition suit has
been
said partition suit filed by Ms.
Sumangli Gupta had taken a stand that the said suit for partition filed by her
was not maintainable ... present suit and
various applications filed in the present suit. She thus had clear notice of the
filing of the present suit. All parties
given by penal of three arbitrators
appointed during pendency of partition suit filed by the petitioner
OMP. No.125/1997 Page 1 of 10
being ... reference to the arbitrators was permissible
during pendency of partition suit filed by the petitioner;
(iii) Decision by arbitrators on merit without deciding the
question
building was constructed thereon.
26. In October 1929, Rukhmabai filed a suit against Chandanlal for partition of the said property and obtained a decree against ... Prakash, . It is a short judgment. In this case a suit for partition was filed. The question which arose for decision was whether the -plaintiff
suit property and other co-sharers. It is also pointed out that defendant has also filed a suit for partition (Suit No. 1172/04) against ... suit premises can be passed at this stage or in any case till the decision of Suit No. 1172/2004 filed for partition
