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 title by adverse possession, that the civil court’s jurisdiction was barred by Section 158 of the Punjab Land Revenue Act, that the suit was a case of partial partition, that ad valorem court fee had not...