Civil Procedure Code, 1908
Order 7 Rule 11—Rejection of plaint—Cause of action—Dismissal of application—Appeal—Suit for partition—Plaintiff asserted that she is a coparcener in the Joint Hindu Family by virtue of Section 6 of the Hindu Succession Act and that the suit was instituted within three years of her attaining majority—Plaintiff was not a party to compromise decree which adjudicated disputes inter se her father and other defendants—At that point of time, she was a minor, and therefore it was not necessary for her to seek annulment of a decree that may not bind her—Plaint discloses a clear cause of action—No ground found to interfere with the impugned judgment—Appeal dismissed.
[Para 16 to 20 & 27]