been impleaded as parties to the suit; this suit for
partial partition is maintainable?"
15 Learned counsel for the appellant relied upon the judgment ... partition of property, which is
in their possession being rejected and it is submitted that the suit for
partial partition being maintainable; no illegality
left out certain joint family property whether the suit for
partial partition was maintainable?
(b) Whether the courts below have erred in applying the principles ... been impleaded as parties to the suit; this suit for partial partition is
maintainable?"
So far as the proposed additional substantial question
have challenged the order dated 13.9.2004 passed by Munsif, Garhwa in Partition Suit No. 22/2003 whereby he in purported exercise of power under Order ... Defendant/petitioners filed written statement stating that suit is not maintainable for partial partition. According to these defendants there are several other properties which were
leaving behind his three daughters and they had right to get partition of the land of Khata Nos. 38, 39, 9 and 48 and other ... suit properties and the case of the plaintiff is not maintainable for partial partition. It is alleged that the survey authority at the time
suit itself was not
maintainable on account of the fact that the suit was essentially for
partial partition and once it has come on record ... that the
suit was for partial partition and all the properties did not form the
subject matter of partition in the suit and therefore
suit itself was not
maintainable on account of the fact that the suit was essentially for
partial partition and once it has come on record ... that the
suit was for partial partition and all the properties did not form the
subject matter of partition in the suit and therefore
resulted in making the suit as one of
partial partition which is not maintainable. Moreover, the various items
mentioned in Schedule left after amendment like ... partition in view of the
settlement Notification No. S.O. 105 dated 17.01.1978 and S.O. 1079
dated 08.08.1978 as the partition of the above
suit is not maintainable due to mis-joinder of the causes of action and for partial partition as the land of Khata ... held that the suit of the plaintiff-respondent is maintainable and not bad for partial partition as land of Khata
extent of half of it and she was entitled to seek partition in
respect thereof and decreed the suit.
6. Being aggrieved by the judgment ... plaintiff in paragraph 5 of
the plaint, the suit for partial partition was not maintainable
and also observed that the evidence in the record
sharers itself indicated that there was previous partition and therefore,
the suit seeking partition was itself not maintainable, but this aspect of
the matter ... indicates that there was previous partition amongst
the co-sharers and therefore, the suit seeking partition itself was not
maintainable.
26. During the course
