Code of Civil Procedure, 1908–Order 7, Rule 11–Hindu Succession Act, 1956–Sec. 6–Rejection of the plaint with observation that the earlier registered partition was saved under the Proviso to Sec. 6(1) & 6(5) of the Act–Plaint does not admit a concluded and binding partition–Partition deed was executed between the wife and sons, on the back of the daughters, without their knowledge and consent–Such is a question of fact and law requires evidence on the nature of the property–Whether the properties devolved on the sons by survivorship as coparcenary property, or whether the propositus having died intestate in 1985, his undivided share devolved by succession u/s. 8 on all class first heirs including the daughters is the central question which is a mixed question of facts and law–High Court exceeded the revisional jurisdiction in rejecting the plaint.
