dismissed mainly on the
ground that the suit for partial partition is not maintainable as the
properties of the mother have not been included ... included in the suit schedule and therefore, the suit
for partial partition is not maintainable. When the plaintiffs filed
an amendment application at the appellate
have not been included in the partition and that therefore, the suit for
partial partition is not maintainable. The trial Court rejected the
contention ... partition. It is only to avoid multiplicity of proceedings, such principle
was reiterated. Therefore, a suit for partial partition, is held to be not
maintainable
appellant.
(15) The third ground that the suit is bad for partial partition, is not
properly raised in the written statement. The appellant admits that ... shared by
him along with the appellant, the suit for partial partition is not
maintainable. In other words, the contention of the learned counsel
learned Single
Judge with regard to partial partition cannot be
accepted.”
(17) The plea of partial partition cannot be allowed to be raised ... evidence adduced by parties with regard to partial partition before
the Lower Court. A plea of partial partition cannot be permitted at
the appellate stage
learned Single Judge with regard to partial
partition cannot be accepted.”
(17) The plea of partial partition cannot be allowed to be raised ... evidence adduced by parties with regard to partial partition before
the Lower Court. A plea of partial partition cannot be permitted at
the appellate stage
appeal resulting in dismissal of the appeal?
7.Whether the partial cancellation of the Power Deed can invalidate the
sale in favour of the defendant ... such a case whether a
suit for possession is maintainable or a suit for partition will lie?
8.Whether the failure on the part
suit for partition is not maintainable and it is liable
to be dismissed for non-joinder of necessary parities. The learned counsel
pointed out that ... submitted that the suit is also liable to be dismissed for
partial partition. Finally, the learned counsel submitted that the 5 th defendant
has filed
Suit for
partition without challenging the Sale Deed executed by the 2nd
defendant in favour of the 3rd defendant is not maintainable.
(b) The father ... father had
already executed the Power of Attorney Deed. The concept of partial
or implied revocation of power applied by the Trial Court is
unsustainable
Suit for
partition without challenging the Sale Deed executed by the 2nd
defendant in favour of the 3rd defendant is not maintainable.
(b) The father ... father had
already executed the Power of Attorney Deed. The concept of partial
or implied revocation of power applied by the Trial Court is
unsustainable
N.Dharmalingam vs N.Ayyavoo [Died on 11 October, 2022
Author: S.S.Sundar
Bench
