The Code of Civil Procedure, 1908  - Section 115 , Order VII Rule (11)

Rejection of plaint - Dismissal of application - Revision - Partition suit - Ancestral property - Application for rejection of plaint on allegation that the same is vexatious dismissed by the trial Court - In revision High Court on the basis of such a vague pleading in the plaint, even without a written statement chose to declare that the property in the hands of 1st defendant takes the character of ancestral property and after the Tamil Nadu Amendment Act, 1989 to the Hindu Succession Act, 1956, unmarried daughter also became coparceners and they are entitled to claim a share in the ancestral property along with son - Held that the application for rejection of plaint misconceived and liable to be dismissed - The finding recorded by the High Court that the suit scheduled property is ancestral property of the father of the plaintiff and, therefore, the plaintiff is entitled for a share held to be uncalled for at this stage and the same liable to be set aside leaving it open for the trial court to examine these questions during the course of trial uninfluenced by any observation made by the High Court in the impugned order.

Topic(s)-Rejection of Plaint