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    <title>Civil court jurisdiction over company-held property supports partition suits where plaint averments require trial on ownership and HUF funding.</title>
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    <description>Order VII Rule 11 confines the inquiry to plaint averments. Civil courts may entertain declaratory and partition claims concerning property held in company names where the plaint alleges acquisition from a deceased person&#039;s funds; no exclusive Tribunal remedy was established. A pleaded Benami Act exception for property acquired by a Karta or HUF member from known HUF sources cannot be rejected at the threshold and requires evidence at trial. Non-joinder objections may be raised through pleadings and addressed by adding or striking out parties. The rejection or dismissal application and request to delete defendants were dismissed, while delayed written statements were permitted subject to costs.</description>
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    <pubDate>Mon, 12 Oct 2026 04:18:33 +0530</pubDate>
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      <title>Civil court jurisdiction over company-held property supports partition suits where plaint averments require trial on ownership and HUF funding.</title>
      <link>https://www.taxtmi.com/highlights?id=104824</link>
      <description>Order VII Rule 11 confines the inquiry to plaint averments. Civil courts may entertain declaratory and partition claims concerning property held in company names where the plaint alleges acquisition from a deceased person&#039;s funds; no exclusive Tribunal remedy was established. A pleaded Benami Act exception for property acquired by a Karta or HUF member from known HUF sources cannot be rejected at the threshold and requires evidence at trial. Non-joinder objections may be raised through pleadings and addressed by adding or striking out parties. The rejection or dismissal application and request to delete defendants were dismissed, while delayed written statements were permitted subject to costs.</description>
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      <pubDate>Mon, 12 Oct 2026 04:18:33 +0530</pubDate>
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