joinder of necessary parties?
(v) Is the suit bad for partial partition for non-inclusion of the property in
schedules ... find that the plaintiff suit for partition
is maintainable. It is not bad for partial partition nor it is bad for non-joinder of
Mungia
suit?
(viii) Is the suit bad for the defect of partial partition?
(ix) Have the plaintiffs and the defendants got unity of title and
unity ... filed. So far dismissals of suit on the ground of partial
partition is concerned, the learned counsel submitted that the learned Court
below has rightly
very difficult to grant any relief
of partition to the plaintiff as the suit is bad for partial partition and as
Patna High Court ... entitled to claim
partition and allotment of the share of Makho in his favour but the suit
was dismissed because of partial partition and vague
written
statement that the plaintiff's suit is bad for partial partition.
4. The trial court decreed the plaintiff-respondent's
suit ... maintainable. The appellate court dealt this question at paragraph 20
of the judgment and held that the suit for partition is not bad for
partial
Court below framed the following issues :-
(i) Is the suit as framed maintainable?
(ii) Have the plaintiffs got valid cause of action for the suit ... joinder of the parties?
(iv) Is the suit bad for partial partition?
(v) Have the plaintiffs got share in the house of Gaya town
these facts, the defendants alleged that
since there had already been partition, the same cannot be reopened.
6. On the basis of the aforesaid pleadings ... multifariousness of
causes of actions?
VI. Is the suit bad for partial partition?
VII. Have the properties in suit been partitioned by metes and
bounds
allotted to
Raghunandan Mahto in the partition of the year 1919 therefore, the
suit is bad for partial partition.
4. On the basis ... decree for
partition, if so to what extent ?
8. Is the suit bad under the principle of partial
partition ?
9. To what other relief
counter-claim has been filed, then also this
claim is not maintainable by the defendant no.3 against the
defendant ... trial court to the effect
that the suit is bad for partial partition is concerned also, it is not
sustainable in view of the decision
acquired properties of defendant No.5?
(vi) Whether there had been any partition among plaintiff No.1 and
defendants ... defendants Nos.1 and 5?
(vii) Whether the suit is for partial partition as alleged by defendants
Nos.1 & 5?
(viii) To what relief
included in the suit, as such, the suit is bad for partial partition
and further, the lands purchased by the defendants along with the
plaintiffs ... parties?
IV. Whether the suit is hit by the principles of partial partition
and by non inclusion of some of the properties in the suit
