partition suit case law...

Querist : Anonymous (Querist) 15 March 2011 This query is : Resolved
I have filed applicaiton under Order 7 rule 11 of the civil procedure code.... I have taken the ground that partition has already happened.. that to on a unregistered document in the year 1982... but the court cited me Karnataka High Court case law.. wherein it is mandatory for the partition document to be registered one.. which is the excat Honorable High Court case law in the year 2010????(pushpa v. datta then plz provide the complete citation) waitin for the reply with citation???

Please cite the case laws for supporting my contention as stated above..

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R.Ramachandran (Expert) 15 March 2011
In any case, the suit can be non-suited under Order 7 Rule 11 only when the suit is barred by law, BASED ON THE AVERMENTS MADE IN THE PLAINT, and not on the basis of the averments in the Written Statement i.e. the reply by the Defendant.

Devajyoti Barman (Expert) 15 March 2011
Yes, I also agree. The court is needed to look only the averments in the plaint and nothing else. The issue agitated in the court does not fulfill the criteria for rejection for plaint.