Civil Procedure Code, 1908
Order 7 Rule 11(a)—Rejection of plaint—Cause of action—Non-disclosure of—Suit for partition filed by plaintiff against her father and her paternal aunt—Entire case of plaintiff seems to premise on the assumption that suit property is her ancestral property—Suit property cannot be deemed to have devolved on the plaintiff upon the death of her paternal grandfather, her father being alive at the time of death of the grandfather—Suit property devolved solely on the defendants and their mother—Share of first defendant in the suit property is his absolute property, and the plaintiff, being his daughter, does not have any right in the same—Right asserted by plaintiff is not recognized by the rules of succession as per Sec. 8 of the Hindu Succession Act—Since plaint does not disclose any right of plaintiff over the suit property, it is held that plaint does not disclose any cause of action for the present suit—Plaint liable to be rejected—Application allowed. [Hindu Succession Act, 1956, Sections 8 & 15]
[Paras 15, 19, 20, 23 & 24]