K.L. Shrivastava, J. -- 1. This revision petition is directed against the order dated 18.1.1989 passed by the IInd Additional Judge to the District Judge, Indore in Civil Suit No. 2 of 1988 whereby the petitioner's application under order 7 rule 11(a) of the Civil Procedure Code, 1908 (for short 'the Code') has been dismissed.

2. Circumstances giving rise to the revision petition are these. The non-applicant Kanhaiyalal is the son of Tikamdas, the non-applicant No. 10. The said Kanhaiyalal instituted the aforesaid suit in the year 1965 against his father Tikamdas, his uncles and others for partition of joint family property held by Nathmalji, his deceased grandfather who died prior to the enforcement of the Hindu Succession Act, 1956 (for short 'the Succession Act').

3. The petitioner is the son of Sarjubai, the daughter of non-applicant Kanhaiyalal's deceased uncle Gokuldas. On 15.11.88 he filed the aforesaid application under order 7, rule 11(a) of the Code stating that the non-applicant Kanhaiyalal, during the life time of his father Tikamdas has no cause of action to sue for partition and the plaint, therefore, deserves to be rejected on the ground that it discloses no ca