suit
in respect of the property not included in the
said suit to treat the said suit as a suit for
partial partition ... hold that the suit filed by the
26
plaintiff was not maintainable as the suit for
partial partition cannot be maintained without
seeking
partial partition is not maintainable.
In other words, a Suit for partition of only some properties is not
maintainable. This has been ... maintainable, and a Suit for other properties is not
maintainable as it would be a Suit for partial partition which is barred
included in the
suit. The suit is not maintainable. The suit is bad for
partial partition. Hence, he prays to dismiss the suit ... suit not maintainable
as the inclusion of all Joint Family Property was
must. Lower Appellate Court took the view that
suit for partial partition
against the finding given against him that the suit was not maintainable for partial partition. The cross-objection was upheld ... properties have been included in the suit schedule, the present suit for partial partition is not maintainable. The learned Counsel for the appellants
that schedule. Regarding the maintainability of the suit he held that a suit for partial partition is maintainable under certain circumstances and that ... family Properties having not been included in the suit a suit for partial partition is not maintainable. Although as a general rule
suit house is liable to be partitioned, but the suit is bad for not impleading necessary parties and moreover suit for partial partition ... suit house. He contended that in the circumstances suit is not bad for non-joinder of necessary parties and suit for partial partition
Court
committed an error in dismissing the suit on
the ground that suit for partial partition is not
maintainable ; and
(2) that ... suit. Hence, he
contends, non-inclusion of all the properties in a suit
for partition would not be maintainable for partial
partition
Whether the suit is bad for non-joinder of
necessary parties?
2. Whether the suit is bad for partial partition ... ancestral property is not included in the suit, the suit for
partial partition is not maintainable. For the aforesaid reason
the Trial Court
Court in view of its finding that the
suit is not maintainable for partial partition dismissed the prayer for
partition ... property the suit is liable to be dismissed. He further argued that
the suit is also not maintainable for partial partition
suit is bad for non-joinder of
necessary parties. Lower appellate Court came to conclusion
that suit for partial partition is not maintainable ... Whether the suit for partition without impleading all
the coparceners or sharers is maintainable?
(2) Whether the suit for partial partition
