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
Suit for partition, amounting to a partial partition of the properties, is not
maintainable.
36. Mr. Anturkar submitted that, as far as the Judgement ... Suit for partial partition is not maintainable.
In other words, a Suit for partition of only some properties is not
maintainable. This has been held
view of its finding that the
suit is not maintainable for partial partition dismissed the prayer for
partition, but in view of its finding that ... plaintiff for partition holding that the suit is not maintainable for partial
partition and that the suit itself was rendered infructuous even
view of its finding that the
suit is not maintainable for partial partition dismissed the prayer for
partition, but in view of its finding that ... plaintiff for partition holding that the suit is not maintainable for partial
partition and that the suit itself was rendered infructuous even
view of its finding that the
suit is not maintainable for partial partition dismissed the prayer for
partition, but in view of its finding that ... plaintiff for partition holding that the suit is not maintainable for partial
partition and that the suit itself was rendered infructuous even
partition of the share of the members of the
joint family in one property which amounts to
partial partition is not maintainable. This
contention ... partition of the shares of the members of the
joint family in one property which amounts to
partial partition is not maintainable. This
contention
taken by the defendant No.4 that suit is not
maintainable for partial partition is untenable as these
plaintiffs not aware of the any property ... property of the deceased,
therefore the suit is not maintainable for partial
partition. On other hand, appellants counsel has
contended the plaintiffs have filed rejoinder
right to file the suit
for partition and separate possession. The suit for
partial partition is not maintainable in view of the
12
decision ... partition
suit where both the parties want partition, a
defendant may also be held to be a plaintiff.
Ordinarily, a suit for partial partition
very observation made by the Trial Court that suit
for partial partition is not maintainable is erroneous and
committed an error in dismissing the suit ... oral partition and
also the plaintiffs' properties are not included and suit for partial
partition is not maintainable is an erroneous observation. In
order
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
