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jayantha   05 September 2020

7 rule 11 d

respected advocates
I filed the partition suit against registered partition took in year 1970,my father partitioned his ancestral property in year 1970,I am second daughter,Now defendants put application of order 7 rule 11d
my question is,Do I have a right in this to get share?
shall plaint reject by court?
shall I appeal if they reject plaint?
Am I wasting my time in this suit case?


Learning

 1 Replies

Advocate Bhartesh goyal (advocate)     05 September 2020

Your suit for partition of property is legally not maintainable.As per you properties has been already partitioned through registered partition deed in the year 1970.Recent judgment of S.C VeenIta vs Rakesh does not apply on partitions which have already took place.

1.your suit is barred by law.

2 Rejection of suit u/o 7 r 11 cpc is appealable but you will get no relief.

3 yes,you are wasting not only time but money also.


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