Code of Civil Procedure, 1908–Order 7, Rule 11–Hindu Succession Act, 1956–Sec. 8–Application for rejection of suit–Dismissal of–Suit for partition and permanent injunction–Claim of defendants that the property would be devolved to first class heirs, therefore, the plaintiffs have no cause of action–However, if the property was acquired from the ancestral fund, it would assume the character of the Joint Hindu Mitakshra Property and respondent nos. 1 & 2 would be co-parceners and would have the right of the partition–Disputed questions of facts would be adjudicated in the suit–Held, application was rightly rejected.
