Code of Civil Procedure, 1908–Order 39, Rules 1 & 2 & Sec. 151–Dismissal of application–Justification–Suit for partition and declaration of Will null and void–Suit property was claimed to be the ancestral property–Parties are co-sharers–Even if the petitioners did not establish their physical possession, they have the constructive possession and defendants are in the status of trusties–Plea of ouster was not taken by them–Mere ground taken by them was that H executed the Will in their favour–In the suit for partition, application for the temporary injunction cannot be rejected on the ground that the applicant failed to establish his physical possession–Impugned order set aside and directed to re-decide the application.
