In a suit for partition and accounts where an injunction is sought to restrain the defendant co shar...........

Civil Procedure Code (CPC) 1908 Attachment and Sale of property

In a suit for partition and accounts, where an injunction is sought to restrain the defendant co-sharer from transferring his share pendente lite, which of the following was the legal position according to the Gujarat High Court?

In law, a co-sharer may have a right to deal with his share

If the defendant co-sharer is allowed to transfer his share pendente lite, multiplicity of proceedings may result, which would necessitate substitution of the transferee

To avoid such a situation, the Court should issue an injunction restraining the co-sharer defendant from transferring his share pendente lite

All of these

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Explanation:

- Option 1: Legally, a co-sharer does indeed have the right to manage or transfer their share. This is a fundamental aspect of property rights.

- Option 2: Allowing a co-sharer to transfer their share while the litigation is ongoing can lead to multiple legal complications. It might require the court to handle new parties if the share is transferred, thereby complicating and prolonging the case.

- Option 3: To prevent such complexities, courts often find it prudent to issue an injunction keeping the shares intact during the litigation period (pendente lite).

- Option 4: All of these: This includes the perspectives of both maintaining legal rights and preventing procedural complications, aligning with a pragmatic approach in partition suits as seen in court decisions.