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Sanjay Baid & Anr. vs. Deepak Baid & Ors.

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Code of Civil Procedure, 1908–Order 7, Rule 11–Cause of action and limitation–Plaintiff pleaded for having his ownership right over the property and challenged the partition proceedings wherein he was not the party–Allegation that the decree of partition was collusive–Evidential value of Will executed by C cannot be examined at this stage–Objections raised by the petitioner are wholly immaterial to be considered at this stage–Further averments that the plaintiff came to know about the final decree in the month of July 2020–Held, plaint is not liable to be dismissed on these grounds.