suits for partial partition
was expressed most succinctly in Kenchegowda (supra) as
follows:
"Even otherwise a suit for partial partition in the
absence ... partition of the
shares of the members of the joint family in one property
which amounts to partial partition is not maintainable.
This contention
Learned counsel for Saichanakya urged that a suit for partial
partition is not maintainable and thus urged that the learned Single Judge
could not have ... doubt be true
that a suit for partial partition of joint property is not maintainable. But
this would be when either joint title
submits that in absence of
all the co-sharers, a decree of partition cannot be passed.
53. The learned senior counsel for the defendant ... Court in Kenchegowda (supra), he
submits that a Suit for partial partition is not maintainable in law and
is liable to be dismissed. He submits
only in exceptional circumstances that a Suit for a partial
partition shall be maintainable. Such exceptional circumstances
can be where the other properties ... partition of the shares of the members of
the joint family in one property which
amounts to partial partition is not
maintainable. This contention
suit property and if so whether the suit seeking partial partition is
not maintainable, as alleged in the written statement? OPD.
3. Whether the suit ... suit property and if so whether the suit seeking partial partition is not
maintainable, as alleged in the written statement? OPD."
8. The first
including the Guru Harkishan
Nagar property as a suit for partial partition was not
maintainable in view of the provisions of Order 8 Rule
filed objections and the plaintiff without prejudice to his rights, sought partition of the properties, viz., No. 22, Park Area, Karol Bagh, New Delhi ... contending that the suit is for partial partition of the joint family properties and thus not maintainable. The said defendant stated that
SAHAI ENDLAW
1. The two plaintiffs have sued the two defendants for partition of
property No.J-6/35 admeasuring 160 sq. yards, Village-Tatarpur ... defendants to the claim for partition is that the suit is for
partial partition and is thus not maintainable. The defendants in this regard
being held as not maintainable, in as much as the
Learned Trial Judge has held that the suit sought partial
partition of a joint property ... other property.
8. Holding that a suit for partial partition was not
maintainable and that the appellants were obliged to sue for
partition
faced therewith states that the
suit is bad for partial partition.
32. However no issue is found to have been pressed on the said aspect ... occupied the
property.
37. The rule, that a suit for partial partition is not maintainable, is not an
absolute rule as recently held
