suit. And, therefore, at that date, the suit, to the extent that it related to a partition of immovable property being a suit for land ... suit for partition of the immovable properties comprised in the suit as no part thereof was situated within jurisdiction.
A suit for partition of immovable
CITATION:
1958 AIR 1042 1959 SCR 1249
ACT:
Hindu Law-Partition-Suit for Partition on behalf of minor
-Severance of joint status-Death of minor ... pending suit-
Abatement-Right of legal representative to continue suit.
HEADNOTE:
In a suit instituted on behalf of a Hindu minor for
partition
does not himself file the suit for partition, but figures as a defendant in a suit for partition brought by any of the co-owners ... defendant in a suit for partition that he is suing for partition. If in a suit for partition each co-owner against another occupies
further, that the suit is bad for misjoinder of
parties as no suit for partition is maintainable against the defendant
No.4/HUF.
7. While ... registered
instrument of partition or by a decree of the
court. The only stage that has reached in the suit
for partition filed
kept in mind the distinction between a suit for possession and a suit for partition and separate possession. Only in the case of a suit ... partition is not similar to possession held by a defendant in a suit for declaration of title and possession. In a suit for partition
other coparceners and thereafter instituted a suit for partition. He claimed in the suit besides partition of the properties that a provision should be made ... partition and separation of his one-third share. Ratan Singh also seems to have instituted a suit for partition at or about the same time
point. The Court could not pass a decree for partition in a suit for partition brought on behalf of a minor coparcener unless it finds ... from the other coparceners, and in demanding partition, and also - if necessary - in instituting a suit for partition (if the same should become necessary
follows:
"These two provisions envisage four kinds of suits--(a) suit for partition and separate possession of a share of joint family property ... possesson that is to say, where the suit is a partition suit but there has been an ouster from possession. In the first case
does not apply to partition suits. The Full Bench held that Order 20 Rule 12 deals only with suits for ejectment or for recovery ... worked out and provided for in the final decree for partition. A suit for partition by a member of a joint Hindu family is substantially
suit for partition
and accounts and share in profits. Section 35 of the Act governs
suits for partition with or without the ancillary relief ... with suits for accounts. The determination
of profits in a partition suit has been held to be incidental to the relief of
partition. Therefore
