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Pratap Singh Choudhary vs. Mahadev & Ors.

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Code of Civil Procedure, 1908–Order 7, Rule 11–Hindu Succession Act, 1956–Sec. 8–Rejection of plaint–Appreciation of–Suit for declaration of sale deeds null and void, partition and permanent injunction–Plaintiff claimed his share in the ancestral property on the basis of co-parcenary rights but he did not mention that material particulars to the effect that the suit property was ancestral property–No specific pleading that the suit property was devolved to the plaintiff’s grandfather or any forefather prior to 1956–It was not pleaded that he is entitled to get the share in the property as per the provisions of Hindu Succession Act–Held, the application was rightly accepted.