subject matter and including in the partition
suit. Therefore, the partial partition suit is not
maintainable. If the same contention were taken by
the defendants ... plaintiff is a partial
partition and intentionally suppressing all other
properties. Hence the suit for plaintiff partial partition
is not maintainable.
15. In this regard
partition
of the shares of the members of the joint family in
one property which amounts to partial partition is
not maintainable. This contention ... Appellate Court holding that the suit
of the plaintiff for partial partition is maintainable
should be set aside and the finding of the Trial Court
framed by this Court whether the
suit filed only for partial partition is maintainable. Hence, the
applications are required to be allowed.
13. Per contra ... relief of partition. Hence, I answer
point No.3 that the suit is filed only for partial partition which is
not maintainable by answering third
suit. He therefore,
contended that the suit for partial partition is not maintainable.
He relied upon a judgment of a Coordinate Bench of this Court ... filing the suit for partition. The contention urged by
the defendants that the suit for partial partition is not
maintainable, is a ground that
partition of
the shares of the members of the joint family in
one property which amounts to partial partition is
not maintainable. This contention ... Appellate Court holding that the suit
of the plaintiff for partial partition is maintainable
should be set aside and the finding of the Trial
Court
Whether the suit filed by the plaintiffs for partial
partition is maintainable?
(ii) Whether the plaintiffs prove that the judgment
and decree passed ... partition
suit where both the parties want partition, a defendant
may also be held to be a plaintiff. Ordinarily, a suit for
partial partition
following substantial question of law:
"Whether the suit for partial partition was
maintainable and the courts below were
justified in decreeing the suit though ... Further, he submits that the suit for partial
partition is not maintainable. He submits that defendant
No.2 has filed an application for production
brought to the hotchpot and hence the
suit for partial partition is not maintainable.
5. Defendant No.6 filed written statement
contending that his father ... included in the suit schedule properties. Hence the suit for
partial partition is not maintainable. The trial Court
without considering the said aspect has decreed
suit for
partition. The Trial Court also non-suited the plaintiffs on
the ground that suit for partial partition is not
maintainable. At para ... that the present
partition suit excluding the properties held by the plaintiffs
and therefore, suit for partial partition is not maintainable
was rightly reversed
included all the properties and
therefore, the suit for partial partition is not maintainable
while the appellate Court having independently assessed ... partition in the family, however, proceeded to dismiss the
suit on the ground that the suit for partial partition is not
maintainable. The trial Court
