Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Partition Suit & Addition of Survey Numbers - Amendments to include or correct survey numbers during or after the trial are generally permissible if they do not alter the core facts or the nature of the suit. Such amendments are often allowed at the appellate stage, provided they are for clarification and do not prejudice the other parties. However, adding survey numbers at a late stage without proper justification may not aid the court in determining the actual dispute. 2024 0 Supreme(Pat) 474, 2023 0 Supreme(Mad) 1810, 2025 0 Supreme(Mad) 3959
Necessity of Proper Parties & Non-Joinder - The courts emphasize that all necessary parties, especially those with a direct interest in the property or who are affected by the partition, must be impleaded. Failure to join necessary parties can lead to dismissal of the suit. For example, omission of heirs or properties, or non-joinder of relevant survey numbers, renders the suit defective or liable to dismissal. The presence of necessary parties is crucial for a complete adjudication. 2023 0 Supreme(Pat) 525, 2025 0 Supreme(Mad) 4716, 2024 0 Supreme(Mad) 1752
Addition of Parties at Later Stages - Courts have discretion to add parties at any stage if their presence is necessary for a complete and fair adjudication. The courts also recognize the importance of judicial discretion in striking out or adding parties, especially when their absence could prejudice the outcome or affect the rights of other parties. 2024 0 Supreme(Pat) 474,
Ratan Kumar Sarawgi, son of Late Ram Prasad Sarawgi alias Murlidhar Sarawgi VS Vishwanath Sarawgi alias Murlidhar Sarawgi, son of late Ram Prasad Sarawgi - Patna
Amendment of Survey Numbers & Evidence - Amending survey numbers in plaint schedules, even during appellate stages, is allowed to clarify the property involved, provided it does not change the fundamental issues. Such amendments are supported by revenue records and survey reports, and courts consider them for proper identification of properties. 2023 0 Supreme(Mad) 1810, 2024 0 Supreme(Mad) 1752
Legal Precedents on Partition & Property Identification - Courts have held that the survey number as per the partition deed holds precedence over boundary descriptions. Proper identification of properties through survey numbers is essential, and discrepancies or omissions, especially regarding properties belonging to heirs or those omitted in pleadings, can invalidate the suit or lead to its dismissal. The importance of accurately listing all properties and parties involved in a partition suit is reiterated. 2024 0 Supreme(Mad) 1752, 2025 0 Supreme(Mad) 4716, 2025 0 Supreme(Mad) 3959
Analysis & Conclusion:In partition suits involving survey numbers, amendments to include or correct survey numbers are permissible if they aid in proper identification without changing the suit's core issues. All necessary parties, especially those with direct interest or ownership, must be impleaded; failure to do so risks dismissal. Courts exercise judicial discretion to add or strike out parties at any stage to ensure justice. Proper documentation, such as revenue records and survey reports, underpin amendments and property identification. Therefore, in the context of a Partition Suit One Survey Number Not Added Later Stage, courts generally allow late amendments or additions of survey numbers if they clarify the properties involved and do not prejudice other parties, provided all necessary parties are also properly impleaded.
In property disputes among family members or co-owners, are a common legal recourse to divide joint properties equitably. A frequent question arises: In a Partition Suit, if one Survey Number is not added at the initial stage, can it be added later? This issue is critical, as precisely identify land parcels, and omissions can lead to incomplete resolutions or multiplicity of suits.
often involve complex property schedules, and initial might inadvertently exclude certain due to oversight or newly discovered facts. , guided by the , generally allow amendments to include such properties, but with specific conditions. This blog explores the legal framework, precedents, and practical steps, drawing from judicial decisions to provide clarity. Note: This is general information and not specific legal advice; consult a qualified lawyer for your case.
seek to divide joint family properties or co-owned lands into distinct shares. , assigned by revenue authorities, are essential for accurate identification. Omitting one can render the partition partial, potentially barring future claims under .
Courts recognize that partition is a continuing right, with a . As noted in one case, the cause of action for seeking partition of joint Hindu family property is a and even if one suit is dismissed as withdrawn second suit for partition of the property is not barred 2024 0 Supreme(MP) 488. This flexibility extends to amending schedules to include omitted .
The primary provision enabling additions is , which permits amending at any stage, even during trial, if the party shows due diligence and the amendment is necessary for determining the real issues. Courts emphasize minimizing litigation: properties can be added even during 2018 0 Supreme(Kar) 1133.
Amendments are justified when defendants raise omissions in written statements, ensuring comprehensive adjudication. Post- amendments to CPC tightened scrutiny for trial-stage changes, but enjoy leniency due to their equitable nature.
Courts have consistently allowed survey number inclusions:- Properties added at any stage: It is further held that properties liable for partition can be added at any stage 2013 0 Supreme(Ori) 324. This underscores judicial discretion to consider subsequent events for just disposal.- Even after : Additions are permissible if essential for complete resolution 2013 0 Supreme(Mad) 63 1963 0 Supreme(AP) 149. For instance, courts have ruled trial courts err in rejecting amendments solely on delay grounds 2018 0 Supreme(Kar) 1133.- flexibility: Amendments for clarification, supported by revenue records, are allowed without altering core facts 2023 0 Supreme(Mad) 1810 2025 0 Supreme(Mad) 3959.
In one ruling, discrepancies in were corrected using partition deeds, prioritizing survey details over boundaries 2024 0 Supreme(Mad) 1752.
Amendments post-trial commencement face higher scrutiny but succeed if they clarify disputes without prejudice. Amendments to include additional properties are justified when the opposing party has raised issues regarding the omission 2018 0 Supreme(Kar) 1133.
Once a fixes shares, scope narrows, but additions remain possible for real controversy resolution 1934 0 Supreme(Nagpur) 97 1996 0 Supreme(AP) 769. allow enquiries into omitted properties, as partition deeds may subdivide lands into various 2020 0 Supreme(Mad) 2313 2020 0 Supreme(Mad) 2399.
Courts may add parties at any stage for fair adjudication 2024 0 Supreme(Pat) 474
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Real-world examples highlight permissibility:- In a suit, Item No.1 was added despite initial omission, but invalidated it partially 2025 Supreme(Online)(MAD) 10184.- Courts consider family holdings subdivided post-partition, like Survey No. 62/1 into sub-numbers 2020 0 Supreme(Mad) 2313.- Reliefs, like declaration, added later in partition-injunction suits 2018 0 Supreme(Del) 1132.
Amendments aid proper identification: Amending in plaint schedules, even during appellate stages, is allowed to clarify the property involved 2023 0 Supreme(Mad) 1810.
Generally, adding a survey number later in a partition suit is permissible, particularly to avoid fragmented litigation and ensure complete justice. Courts exercise discretion favorably if amendments clarify properties without changing suit nature 2024 0 Supreme(Pat) 474 2023 0 Supreme(Mad) 1810. However, success hinges on timeliness, evidence, and proper parties.
Key Takeaways:- Leverage for amendments at any stage.- Back claims with documents to overcome challenges.- Prioritize early action to minimize scrutiny.
For tailored advice, consult a civil lawyer experienced in property law. This analysis draws from precedents like 2018 0 Supreme(Kar) 1133, 2013 0 Supreme(Mad) 63, 1963 0 Supreme(AP) 149, 2013 0 Supreme(Ori) 324, and others, affirming flexibility in partition proceedings.
#PartitionSuit, #SurveyNumber, #CPCLaw
Whether the sale-deeds are forged or fabricated is not the subject matter of partition suit as original parties to the Partition Suit No. 442 of 2015 are not having any dispute over the said issue. Moreover, the entry in Khatiyan does not, ipso facto, creates any title in favour of entry holder. ... to get himself added as party, which has been rejecte....
Plaintiffs/Respondent 1st set filed a partition suit bearing Partition Suit No. 26/2018 (4/2018) seeking relief to grant a preliminary decree with respect to 1/3rd share of plots of suit land and carved out separate takhta of the same to plaintiffs by appointing of survey knowing Pleader Commissioner ... adjudicate upon and settle all the questions involved in the suit,....
Seeking amendment of survey number of plaint schedule properties in the first appellate stage will not aid the learned first Appellate Court in deciding the real facts in dispute. ... Prior to the commencement of the trial, the Advocate Commissioner visited the suit property and filed his report. Earlier, the plaintiff filed an application seeking amendment of the plaint in respect of the suit#H....
The cause of action for seeking partition of joint Hindu family property is a recurring cause of action and even if one suit is dismissed as withdrawn second suit for partition of the property is not barred because in a partition suit the defendant who is entitled to a particular share is also in the ... According to me, the provision envisaged under O....
If respondent No. 4 is not allowed to be added as a party in the suit, he will be highly prejudiced from the outcome of the aforesaid suit. ... So, the suit does not seems to be one of tenancy rather complex issue of title is involved here. The intervenor has no right to birth in the suit property is a matter of investigation. Mere addition the interve....
The plaintiffs had entered into agreement of sale with 9th defendant in respect of Survey No.45/1, the first Survey number in Item II of the plaint schedule. ... On the other hand, the plaintiffs have not produced a single revenue record. The plaintiffs had entered into an agreement of sale with the 9th defendant in respect of Survey No.45/1, the 1st Survey number in It....
(Survey No.23/12) had been sold by him in favour of one Sidhar. ... However, in the plaint, Serial No.5 to 7 [Radhabai’s properties] were omitted and instead Suit Item No.1 was added, which was not listed in Ex-A.1. Hence, the Suit is bad for non-joinder of properties and partial partition. ... The Oral Partition is true and that is why the legal repre....
(Survey No.23/12) had been sold by him in favour of one Sidhar. ... However, in the plaint, Serial No.5 to 7 [Radhabai’s properties] were omitted and instead Suit Item No.1 was added, which was not listed in Ex-A.1. Hence, the Suit is bad for non-joinder of properties and partial partition. ... The Oral Partition is true and that is why the legal repre....
(Survey No.23/12) had been sold by him in favour of one Sidhar. ... However, in the plaint, Serial No.5 to 7 [Radhabai’s properties] were omitted and instead Suit Item No.1 was added, which was not listed in Ex-A.1. Hence, the Suit is bad for non-joinder of properties and partial partition. ... The Oral Partition is true and that is why the legal repre....
This Court is of the view that in the instant case, four boundaries cannot take precedence over the Survey Number as the Survey Number has been explicitly mentioned in the Partition Deed and there is nothing contrary to it. 19.6. ... (iv) It is clarified that the ‘F’ Schedule properties as described in Ex-A.1: Ex-A.7 Partition Deed is situated in Survey No. 107/12 and ....
While so, the common source for irrigation for entire land is the well located in Survey No. 62/1F2. 7. The learned counsel for the respondents made his submission that the Courts below after considering the facts have rightly held that the entire extent of land in Survey No. 62/1 was once held by the same family members. Later on by partition it is sub divided into various survey numbers.
7. The learned counsel for the respondents made his submission that the Courts below after considering the facts have rightly held that the entire extent of land in Survey No. 62/1 was once held by the same family members. While so, the common source for irrigation for entire land is the well located in Survey No. 62/1F2. Later on by partition it is sub divided into various survey numbers.
Initially, the suit was one for partition and injunction, however, later on the relief of declaration has been added. The present suit has been filed by Sh. Satya Pal Sobti against all the Defendants claiming partition of the suit property and declaration. No. 2, 3, and 4, are in possession of the suit property, and they are the contesting Defendants.
It is further held that properties liable for partition can be added at any stage. Civil Judge (Sr. Division), Balasore, learned counsel for the petitioner relies on the reported case of Bhagabati Sahu and others v. Trilochan Sahu and after him Lakhpati Sahu and others, 1989 (II) OLR-174 : (AIR 1990 (NOC) 21 (Ori)); wherein this Court has held that a Court may take into consideration all subsequent events from time to time and make enquiries and pass preliminary decrees as th....
4. In course of hearing, learned counsel for the petitioner also relied upon the reported cases of Sk. Aisnullah @ Sk. Ahesnullah v. Hasrtun Khatun and others, 2009 (1) CLR 62, wherein this Court has held that the Court may take into consideration all subsequent events from time to time and make enquiries and pass preliminary decrees as those are necessary in the interest of justice and for just disposal of disputes between the parties. In that view of the matter, there is no bar for the learn....
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