property for partition and having failed to
include those properties, the suit suffers defect of partial partition.
17. With regard to partial partition, though specifically ... partition” means any partition made by execution of a deed
of partition duly registered under the Registration Act, 1908
(16 of 1908) or partition effected
that on 07.10.1985, additional issues were
framed including as to whether the suit is "for partial partition" and if
so, as to what ... event, even in the final decree, the
issue with respect to partial partition ought to have been decided.
Since the same has not been done
property for partition and having failed to
include those properties, the suit suffers defect of partial partition.
17. With regard to partial partition, though specifically ... partition” means any partition made by execution of a deed
of partition duly registered under the Registration Act, 1908
(16 of 1908) or partition effected
property for partition and having failed to
include those properties, the suit suffers defect of partial partition.
17. With regard to partial partition, though specifically ... partition” means any partition made by execution of a deed
of partition duly registered under the Registration Act, 1908
(16 of 1908) or partition effected
neither pleaded the defence of partial partition nor
adduced evidence that the Suit is bad for partial
partition. On the other hand ... learned Single Judge with regard to partial
partition cannot be accepted.”
(17) The plea of partial partition cannot be allowed to be raised
neither pleaded the defence
of partial partition nor adduced evidence that the
Suit is bad for partial partition. On the other hand ... learned Single
Judge with regard to partial partition cannot be
accepted.”
(17) The plea of partial partition cannot be allowed to be raised
Addl. Issue No.6. Whether the suit is bad for partial partition?
Addl. Issue No.7. Whether the suit is barred by adverse
possession ... plaint schedule property, the present suit is not bad
for partial partition. Additional issue No.7 was also answered by the
learned Subordinate Judge against
either total or partial. A
partition may be partial either as regards
the persons making it or the property
divided.
Partial as to properties ... paragraph
327 following has been stated:
“”327. Partial partition.-(1) A partition
between coparceners may be partial either
in respect of the property
held to be correct. On Issue No. 16 it was held that the suit as framed is maintainable. On Issue No. 17 the plea ... suit was not bad because there was no question of partial partition. On Issue No. 19, it was held that as per the joint memo
only a case where partial partition was found not acceptable, but also to a case where such partial partition cannot be recognised under ... that the position as regards partial partition now is the same as for total partition. He posed the issue as under :
. . . Therefore, the question would
