Code of Civil Procedure, 1908–Order 7, Rule 11–Rejection of plaint in revision–Justification–Suit for partition–Plaintiffs specifically pleaded that various sale deeds were executed through the nominal sale but these were not acted upon–If the statements in the plaint are taken to be true, the joint family properties may ensure to the benefit of its members and they may be available for partition–High Court committed the error by examining the merits of the matter–It pre-judged the truth, legality, and validity of the sale deed under which the defendant nos. 4 to 14 claimed the title–Approach adopted by the High Court was incorrect and contrary to the well-entrenched principles–Impugned order is liable to be set aside.
