Jogendra Nath Mukerji Vs. Jugobundhu Mukerji and anr. (Minor), by their Mother and Guardian, Nistarini Dabi and ors. - Court Judgment |
| Property |
| Kolkata |
| Nov-24-1886 |
| W. Comer Petheram, C.J. and ;Beverley, J. |
| (1887)ILR14Cal122 |
| Jogendra Nath Mukerji |
| Jugobundhu Mukerji and anr. (Minor), by their Mother and Guardian, Nistarini Dabi and ors. |
partition - suit for partition of a portion of joint property. - w. comer petheram, c.j.1. another question that arises is, whether a suit of this kind must be dismissed because it appears that the plaintiff has sought to partition only a portion of the joint property. it is a point upon which i should have thought there was room for doubt, but looking at the authorities i find that the authorities are in favour of such a suit being absolutely dismissed because it cannot be brought in that form, and therefore it seems to me we are bound to follow those authorities and to dismiss this appeal; but in dismissing it we make this addition that we reserve to the plaintiff liberty to bring a fresh suit for the partition of this property bringing in the whole of the family property. the appeal is dismissed with costs.
W. Comer Petheram, C.J.
1. Another question that arises is, whether a suit of this kind must be dismissed because it appears that the plaintiff has sought to partition only a portion of the joint property. It is a point upon which I should have thought there was room for doubt, but looking at the authorities I find that the authorities are in favour of such a suit being absolutely dismissed because it cannot be brought in that form, and therefore it seems to me we are bound to follow those authorities and to dismiss this appeal; but in dismissing it we make this addition that we reserve to the plaintiff liberty to bring a fresh suit for the partition of this property bringing in the whole of the family property. The appeal is dismissed with costs.