suit filed in New
Delhi was different and was not within the purview of the Suit filed
before the Trial Court in Bihar. The suit ... combining/including into a same suit of the partition,
and since the partition suit has already been filed by the respondent no. 5
in Bihar
impleaded as a
second defendant in the suit clearly pleaded that the
partition suit filed by Kuppuswami-plaintiff against his
brother Andivelu 1st defendant -respondent ... defendant who was
later impleaded in the suit but the partition suit had been
filed by the plaintiff-Kuppuswami-respondent No.1 herein
against
action for filing a suit for partition is
always a recurring one and therefore the suit for partition can be filed ... have deliberately filed the suit with a prayer for
partition and separate possession. A suit for partition was already filed by the
father
contested the said partition suit and it is only a collusive suit and hence, the decree passed in the said partition suit is nonest ... properties in the said partition suit filed by her and therefore, the suit filed by her for partial partition is not maintainable. Therefore, based
case, when the suit was filed for making the award the rule of the Court, simultaneously a suit was filed for partition. The facts ... suit was already filed for making the rule of the Court and at the same time the other side filed the suit for partition
suit.
5.4. He further stated that the application under Order XXIII Rule 1 CPC
filed by the mother of the Plaintiffs in the earlier suit ... application to a
suit for partition and the suit for partition can be filed so long as the right of
Signature Not Verified
Signed
obtaining advantages
to pursue the suit filed by them. Now, after disposal of the title
suit, they have filed this application for recall ... property and they got the
suit filed bearing Title Suit No. 160 of 1983. Therefore, whatever
stated in previous suit will not affect the share
instrument of partition, by oral
arrangement by the parties, or by a decree of the
court. When a suit for partition is filed ... instrument of
partition, by oral arrangement by the parties, or
by a decree of the court. When a suit for
partition is filed
partition. Since the properties were in danger, they filed the present Suit.
(ii)The suit for partition is not maintainable without adding ... suit for partition and in the absence of the same, the suit is not maintainable and at the time of partition suit being filed
defendant No.1 in the present suit. The children of
first defendant have filed a suit for partition and
separate possession and have also sought ... subject-matter of the present partition suit in O.S.No.
697 of 1996 .
(vii) The partition suit filed by plaintiffs is also
not maintainable
