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John Kennedy & Anr. vs. Ranjana & Ors. (SC)

32.00 3.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Rejection of application–Suit for partition–Whether the plaintiff is entitled for a right of partition in the suit scheduled property by virtue of amendment carried to the Hindu Succession Act is the matter to be decided after pleadings are completed and
evidence adduced–Findings of High Court that the suit property is ancestral property of father of plaintiff and he is entitled for a share is uncalled at this stage–Impugned order of High Court set aside and matter left opened for trial Court to examine these questions during the course of trial.