P&H: Partition suit cannot be rejected at the threshold U.O.7.R.11 CPC. High Court has dismissed a civil revision challenging a trial court order that refused to reject a partition suit at the threshold under Order 7 Rule 11 of the Code of Civil Procedure. The suit seeks possession by way of partition along with mandatory and permanent injunctions. The Trust argued before the trial court that the suit was barred by limitation, that it had perfected
P&H: Partition suit cannot be rejected at the threshold U.O.7.R.11 CPC.
punjab-haryana
⚖️ Order Date:
22 May 2026
Headnotes
Civil Procedure Code, 1908, O.7.R.11 - Rejection of plaint - While considering an application for rejection of plaint, Court is required to examine only the plaint and documents relied upon by plaintiffs - Defences such as adverse possession and extinction of title involve questions of fact regarding the nature, continuity and hostility of possession and cannot be concluded at the threshold. (Para 4.2) Court Fees Act, 1870, S.7 — Ad valorem Court fee — Partition suit by co-owners
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punjab haryana
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