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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P.POONIWALLA
Renu Balwant Maru, W/o Shri. Balwant Maru – Appellant
Versus
Bupendra Damjibhai Tank – Respondent
| Table of Content |
|---|
| 1. suit seeks partition of huf properties sans lp leave. (Para 1 , 2 , 3) |
| 2. partition suit for land outside jurisdiction needs clause xii leave. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. plaint rejected wholly only if all reliefs barred by law. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. partial partition impermissible; all reliefs vitiated without leave. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 5. issues: suit for land? leave required? o7 r11 rejection? (Para 47) |
| 6. partition seeking possession constitutes suit for land. (Para 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56) |
| 7. leave mandatory for partial properties outside jurisdiction. (Para 57 , 58 , 59) |
| 8. no leave bars entire plaint; reject under o7 r11. (Para 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68) |
JUDGEMENT :
FIRDOSH P. POONIWALLA, J.
1. This Interim Application has been filed by original Defendant Nos. 1, 3 and 4 seeking rejection of the Plaint under Order VII Rule 11 of the Code of Civil Procedure 1908 (the ‘CPC’) on the ground that it is barred by law as no leave under Clause XII of the Letters Patent of this Cour
Partition suit involving immovable properties partly outside original jurisdiction requires prior leave under Clause XII Letters Patent; absence renders plaint wholly rejectable under Order VII Rule ....
The main legal point established in the judgment is that the court's jurisdiction to entertain a suit is determined by the nature of the relief sought and the location of the properties involved, esp....
The main legal point established in the judgment is the interpretation and application of Clause XII of Letters Patent in determining the jurisdiction of the court to entertain suits for land or othe....
In partition suits involving adverse possession, procedural adherence is critical; issues of tenancy must be resolved before partition can occur, and failure to provide proper notice invalidates clai....
A suit for cancellation of a sale deed relating to an immovable property situated outside the Ordinary Original Civil jurisdiction of the High Court is a suit for land and the Court does not have ter....
(1) Plaint which is vexatious, illusory cause of action and barred by limitation, ought to be rejected in exercise of powers under Order VII Rule 11(a) and (d) of CPC.(2) Rejection of plaint – While ....
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