https://www.taxtmi.com/caselaws?id=277241 A plaint in a partition suit can be rejected under Order VII, Rule 11(d) CPC only if the bar of law is apparent from the plaint itself. The court cannot at that stage examine defence material, resolve disputed facts, or decide mixed questions of law and fact. Questions such as whether there had been a complete partition by metes and bounds, whether any property remained for partition, and whether earlier decrees, sales, possession, or res judicata barred the suit required evidence. The plaint was therefore not liable to rejection on the material before the court. en-us Tue, 29 Apr 2008 00:00:00 +0530 Thu, 14 Dec 2023 09:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277241 A plaint in a partition suit can be rejected under Order VII, Rule 11(d) CPC only if the bar of law is apparent from the plaint itself. The court cannot at that stage examine defence material, resolve disputed facts, or decide mixed questions of law and fact. Questions such as whether there had been a complete partition by metes and bounds, whether any property remained for partition, and whether earlier decrees, sales, possession, or res judicata barred the suit required evidence. The plaint was therefore not liable to rejection on the material before the court. Case-Laws Indian Laws Tue, 29 Apr 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277241