JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1. Leave granted.

2. In this appeal, we are called upon to decide two questions. The first relates to the true and correct application of the principle underlying the ‘rejection of plaints’ under Order VII Rule 11, Code of Civil Procedure, 1908¹ [Hereinafter referred to as ‘CPC’] to the facts of the case. The second question relates to the legality of rejection of a plaint in part. For the reasons to follow, we have held that the High Court has committed an error in passing the order impugned, on both counts. First, by misapplying the well-established principles informing Order VII Rule 11 of the CPC, and second, by rejecting the plaint in part, which is again contrary to the law on the subject. We have, therefore, allowed the appeal and dismissed the application under Order VII Rule 11, CPC. We will first indicate the necessary facts.

3. Mr. P.V. Yogeshwaran, learned counsel appearing for the appellants, assisted by Mr. M.A. Chinnasamy, Mrs. C. Rubavathi, Mr. C. Raghavendren, Mr. V. Senthil Kumar, Mr. Devendra Pratap Singh and Mr. Ashis Upadhay submitted that the Plaintiffs along with the Defendants No. 1 to 3 are members of a joint family ow