held that the suit was maintainable inasmuch as the reason against the partial partition of the joint family property did not apply to such ... partition of his share. The other members of the vendor's family contended that the suit, being one for partial partition, was not maintainable
only is in effect a suit for partial partition and hence not maintainable.
7. The court below found that all the five brothers were entitled ... therefore the present suit must be regarded as suit for partial partition and not maintainable on that ground.
11. The stipulation in the ekrarnama deed
suit will not be maintainable.
9. Thedefendant No. I further contended that the suit is bad for partial partition as the plaintiff deliberately ... Relief Act?
5. Is the suit hit by the principles of partial partition?
6. Is the suit bad for defect of parties
previous suit for partition intentionally and no objection is taken by party to a partial "partition, a subsequent suit for partition of the property ... partial partition, the subsequent suit for partition of the portion of the property so left Out and still held in joint possession, would be maintainable
even if the plaintiff has omitted to bring in the hotchpot for partition several properties, movables and immovables, belonging to Md. Ellyas Hussain and Habibul ... rule that a suit for partial partition of the properties owned by the parties to the suit is not maintainable does not however, apply
village-Begumpur were partitioned and
according to partition all parties came in separate possession.
The said Partition was private in which five divisions were
made ... that
the suit as framed is not legally maintainable due to limitation
and partial partition. The plaintiffs have no concern with the
suit land since
deposition neither the entire property involved in the
partition nor their value and the manner of partition are known.
(g) Bishun Choudhary sold the suit ... court of appeal below that the
suit is not maintainable, on account of partial partition is
erroneous in law?
(ii) Whether the court below erred
been included in this suit, so this suit for partial partition is not maintainable ; that five brothers inherited the whole of Plot ... that partial partition may be claimed in exceptional cases but for such exceptional case, reasons and circumstances must be proved for which partial partition
evidence of amicable partition. I have already discussed that the defendants have failed to prove amicable partition either on oral evidence or on any document ... share from Bulak Sao and, as such, a partial partition in the suit property is not maintainable. Against this, Mr. P.K. Prasad
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
