Civil Procedure Code, 1908
Order 7 Rule 11—Rejection of plaint—Appeal—Partition suit—While exercising jurisdiction under Order 7 Rule 11 of the CPC, the Court is required to consider the substance of pleadings and cause of action pleaded in their entirety, and not to reject the plaint partially based on isolated reliefs or averments—Plaintiffs traced the origin of the HUF and acquisition of its assets from inception—Pleadings specifically delineate the formation of HUF, the properties constituting its corpus, and the continuity of its existence over the years—Plaint disclose a cause of action—Question of limitation is a mixed question of law and fact, which can only be determined after affording an opportunity to the parties to lead evidence—Impugned order set aside—Appeal allowed.
[Paras 42 to 51]
Order 7 Rule 11—Rejection of plaint—Appeal—Partition suit—A plaint cannot be rejected in part—Power under Order 7 Rule 11 of the CPC is confined to the rejection of the plaint as a whole and not in respect of any particular portion or relief claimed therein—Where multiple reliefs are sought on the basis of a common cause of action, the plaint must be examined in its entirety to determine whether it discloses a cause of action—Court cannot dissect or segregate particular reliefs or portions of the plaint while invoking the provisions of Order 7 Rule 11 of the CPC.
[Para 40]
Partition
Maintainability of suit—A suit for partition of joint family property is maintainable so long as the property continues to remain joint.
[Para 45]