https://www.taxtmi.com/caselaws?id=754109 Calcutta HC dismissed an application under Order VII Rule 11 CPC seeking rejection of plaint in a partition suit. The suit concerned joint family properties including immovable properties and companies registered under Companies Act 2013. Court held that existence of joint family fund, purchase of properties from such fund, and nucleus of fund are questions of fact to be established at trial. At preliminary stage, it cannot be concluded that suit lacks cause of action or is barred by Companies Act 2013 or Benami Transaction Prohibition Act 1988. The rejection application was found not tenable and dismissed. en-us Fri, 24 May 2024 00:00:00 +0530 Tue, 18 Jun 2024 08:28:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=754109 Calcutta HC dismissed an application under Order VII Rule 11 CPC seeking rejection of plaint in a partition suit. The suit concerned joint family properties including immovable properties and companies registered under Companies Act 2013. Court held that existence of joint family fund, purchase of properties from such fund, and nucleus of fund are questions of fact to be established at trial. At preliminary stage, it cannot be concluded that suit lacks cause of action or is barred by Companies Act 2013 or Benami Transaction Prohibition Act 1988. The rejection application was found not tenable and dismissed. Case-Laws Companies Law Fri, 24 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=754109