Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Tenancy Act, 1955–Secs. 53, 88 & 188–Application for rejection of plaint–Dismissed–Appreciation of–Suit for partition, declaration and division of holding–Application was filed with contending that respondent nos. 6 & 7 relinquished their share in favour of petitioner–So they were unnecessarily impleaded as party defendants in the suit–Plaint revealing that 3.36 hectare joint khatedari land was sought to be partitioned–Relinquish deed executed by respondent nos. 6 & 7 cannot preclude the plaintiff from claiming their share–Further, the plaintiff nowhere questioned its validity–Held, suit was not barred by any of law and application was rightly dismissed.
