P&H: Rejection of plaint; Plaint cannot be rejected on selective reading of plaint.
High Court has refused to reject a partition-and-declaration suit at the threshold, holding that whether a house belongs to a Hindu Undivided Family (HUF) or is self-acquired is a mixed question of fact and law that must go to trial. Court dismissed a civil revision filed by the defendants against the Trial Court’s order rejecting their application under Order VII Rule 11 CPC.
The suit filed for partition by metes and bounds of a property claimed to be HUF, declaration against transfer deed in favour of one defendant, injunctions, and mesne profits. She asserts a one-third share as a member/coparcener. The defendants argued the plaint was vague for not pleading the HUF “nucleus,” said the property was self-acquired and the “HUF” label was used only for tax purposes, and claimed ad valorem court fees were due on the challenge to the transfer deed and on mesne profits.
The Court reiterated that under Order VII Rule 11, only the plaint and its annexures can be considered,...
