Hindu succession

Querist : Anonymous (Querist) 29 July 2011 This query is : Resolved

Dear Experts,

Mother Seeks partition in the property of her intestate son from her daughter in law. The other party counsel argued that there is no cause of action in the plaint. Is it mandatory to show cause of action for the partion. If not plz cite some AIR decessions.

Thanking You,

Follow Query

Report Abuse

Guest (Expert) 29 July 2011
there should be demand of partition at any point of time in writing or oral. without any claim a suit is not at all maintainable. The right shall not accrue automatically. it must be agitated.

prabhakar singh (Expert) 29 July 2011
Expert S.GANESAN.LAWYER has perfectly opined. No suit can be heard without
Cause of Action.If there is lack of allegation,seek amendment.

M.Sheik Mohammed Ali (Expert) 29 July 2011
yes, i do agree expert query reply

Devajyoti Barman (Expert) 29 July 2011
Yes the suit must have cause of action however to establish that thing the parties will have to wait till conclusions of trial .
The non existence of cause of action and non disclosure of cause of action are two different legal concepts.

For the former the suit will wait till trial when for the latter there is a provision for rejection of plaint.