Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Father of plaintiff acquired property by way of partition that took place in 1986, which fell in his hands as his self-acquired property - Admittedly, plaintiff does not fall in any of categories of Class I heirs of grandfather as prescribed u/s 8 of Hindu Succession Act and inheritance..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Property was acquired by Hindu female by virtue of Will - Provisions of S.14(1) of Hindu Succession Act shall not apply to any property which is acquired by way of gift or Will - Contention of defendant that Hindu Female become absolute owner of suit property and she is entitled to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit property sold by father of plaintiffs in 1988 and he died in 1994 - Daughters do not become coparcenars if father was not alive in view of Amendment brought to S.6 of Hindu Succession Act - There is thus, clear bar to seek partition of property - Except suit property other..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Expression `discloses a cause of action' pertains to existence of only of sufficient pleading with respect to existence of Hindu Undivided Family and its properties...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Filed by minor through his mother - Facts of case show that there is unnecessary harassment of plaintiff - Till date written stamen is not filed by defendants - What is the extent of Hindu Undivided Family (HUF) properties and its various businesses are all question of fact which only..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Entire claim of plaintiff in the suit property is in contravention of provisions of Hindu Succession Act - Grand father of plaintiff being sole and absolute owner of property, died after coming into force of Hindu Succession Act - Property in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 4 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Hindu undivided family property - Where a person claiming share in joint family, detailed facts as required U.O.6.R.4 CPC has to be specifically pleaded as to how and in what manner an HUF and each separate..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act would not come into play -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Sought on ground that no cause of action has arisen in favour of plaintiff - Partition suit instituted by son during life time of his father is not maintainable - Suit property cannot be partitioned in view of the Hindu Succession Act and plaint is liable to be rejected - Held, it is during course of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 8, Rejection of plaint -- Ground of absence of cause of action - Suit for partition filed by grandsons - As per averments in plaint property is not Joint family property - Therefore, upon death of owner of suit properties, the same were inherited by his legal heirs - Plaintiffs being..........
