Rejection of Plaint -- Private partition pursuant to arbitral award raises triable issue, plaint cannot be rejected
Civil Procedure Code, 1908, O.7 R.11 -- Civil Procedure -- Rejection of Plaint -- Where a plaintiff specifically pleads private partition of suit property pursuant to an arbitral award, the question whether such partition took place is a matter of fact requiring evidence -- A court cannot presume, without trial, that the property remained a joint holding -- An arbitral award suggesting recourse to revenue authorities for partition does not prohibit the parties from effecting partition privately -- Rejection of plaint on such a ground is impermissible.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech