https://www.taxtmi.com/caselaws?id=297477 Admissions in the written statement and repeated in-court statements justified a preliminary partition decree where the plaintiff and two contesting brothers were admitted to have equal rights in the property. The court treated the earlier probate finding disbelieving the Will as final, and noted that the parties' separate occupation was only a convenience arrangement, not a legal partition. The challenge to maintainability under Order VII Rule 11 also failed because the suit was within time on the defendant's own notice-based version, and estoppel and res judicata did not apply since the earlier probate dispute involved different relief and proceedings. en-us Mon, 18 Jul 2011 00:00:00 +0530 Mon, 06 Sep 2021 17:14:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297477 Admissions in the written statement and repeated in-court statements justified a preliminary partition decree where the plaintiff and two contesting brothers were admitted to have equal rights in the property. The court treated the earlier probate finding disbelieving the Will as final, and noted that the parties' separate occupation was only a convenience arrangement, not a legal partition. The challenge to maintainability under Order VII Rule 11 also failed because the suit was within time on the defendant's own notice-based version, and estoppel and res judicata did not apply since the earlier probate dispute involved different relief and proceedings. Case-Laws Indian Laws Mon, 18 Jul 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297477