suit was not maintainable
since all the joint family properties had not been included; the
suit was, therefore, for a partial partition. In any event ... partition of the
shares of the members of the joint family in one property
which amounts to partial partition is not maintainable.
This contention
these persons were also necessary parties to the
Suit but have not been impleaded. Placing reliance on the Judgment of
the Supreme Court in Kenchegowda ... 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
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 ... issue as to whether the subject suit for
partition was not maintainable because partition was not sought of all
the properties of Sh. Leela
observed that an interest is stated
to be vested when it is not subject to any condition
precedent, when it is to take the effect ... including the Guru Harkishan
Nagar property as a suit for partial partition was not
maintainable in view of the provisions of Order 8 Rule
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
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
properties would
not be maintainable.
6. He submits that as the respondent has not pleaded any
exceptional circumstances for seeking a partial partition ... partition of the shares of the members of
the joint family in one property which
amounts to partial partition is not
maintainable. This contention
Paharganj property. However, since
they have not been impleaded in the present suit, it renders the suit, not
maintainable insofar as the Paharganj property ... legal heirs of plaintiff no.2.
32. Generally, suits for partial partition are not maintainable. However,
this Court, in its judgment in Sara Carriere Dubey
appellant submits that the suit is not maintainable, as it is for the
partial partition of joint properties. He submits that the appellant had
averred ... hotchpot failing which, the suit
would be for a partial partition, which is not maintainable. However,
it is necessary to note that in Mst. Hateshar
