https://www.taxtmi.com/caselaws?id=459738 A suit for recovery of possession of one immovable property cannot, without leave of the court, be joined with a partition claim relating to another property unless the claim falls within the limited exceptions in Order II Rule 4 CPC. The court held that although Order II Rule 3 allows joinder of causes of action, the exception in Order II Rule 4 barred the combined pleading here because the partition relief did not fit the specified exceptions. The two claims would also cause inconvenience and embarrassment in trial, as they involved different issues and stages. The misjoinder objection was therefore upheld, and the plaint had to be curtailed to exclude the partition claim, leaving the parties free to pursue a separate partition suit. en-us Wed, 26 Mar 2008 00:00:00 +0530 Thu, 26 Dec 2024 11:37:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459738 A suit for recovery of possession of one immovable property cannot, without leave of the court, be joined with a partition claim relating to another property unless the claim falls within the limited exceptions in Order II Rule 4 CPC. The court held that although Order II Rule 3 allows joinder of causes of action, the exception in Order II Rule 4 barred the combined pleading here because the partition relief did not fit the specified exceptions. The two claims would also cause inconvenience and embarrassment in trial, as they involved different issues and stages. The misjoinder objection was therefore upheld, and the plaint had to be curtailed to exclude the partition claim, leaving the parties free to pursue a separate partition suit. Case-Laws Indian Laws Wed, 26 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459738