defendant no.1 that the Suit is liable to be dismissed as it claims
partial partition, the learned counsel for the plaintiff submits that this ... Supreme Court in Kenchegowda (supra), he
submits that a Suit for partial partition is not maintainable in law and
is liable to be dismissed
suit
in respect of the property not included in the
said suit to treat the said suit as a suit for
partial partition only. There ... prove that they are in possession of the
suit schedule property and suit for partial partition is not
maintainable and suit for mere declaration without
that a claim for partial partition is not
maintainable.
44. Further, Mr. Cama submitted that, apart from partition, the Suit
involves a challenge to deal ... maintainable, and a Suit for other properties is not
maintainable as it would be a Suit for partial partition which is barred by law,
Mansi
suit is filed by one of the coparcener unless all the properties have been included in the suit schedule, the present suit for partial partition ... filed a suit for partition of all the joint family properties. He has only filed a suit for partition of the 'B' Schedule
file a suit for partition leaving out the other items of co-ownership property. The normal insistence in a suit for partition is that ... must be included in the suit and it is only under exceptional circumstances that a suit for partial partition is entertained. There must be some
suit suffers from defects of partial partition.
On the defect of partial partition, the trial Court dismissed the partition suit.
Against this, the present First ... practice is that in partition suit all the properties
should be included in the partition suit but if there is partial partition on that
ground
properties were not included in the present suit, the instant suit
would constitute suit for partial partition.
21. The Defendant Nos.7 to 9 were ... Whether the instant suit was suit for partial partition as the
joint family movable properties were not included and thus not
maintainable ?
(iv) Whether
original partition
suit before the Bihar District Court. Therefore, creating a right to file for
another suit for partition of the said left properties ... also provides for
subsequent partition of the left out properties.
53. It is true that the general rule prohibits partial partition as it could
create
included all the joint properties in the present suit, hence,
the suit for partial partition was not maintainable. Issue
No.8C was framed qua this ... these properties have not
been included in the present suit. Hence, the suit for partial
partition was not maintainable."
26. I really fail
which were not included in
the suit. Relying on the settled principle that a suit for partial
partition is not maintainable, the appellate court placed ... instant suit for partition was
necessary and without bringing all the joint family,
properties into the hotch-pot, the suit for partition of
the shares
