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Jogendra Nath Mukerji Vs. Jugobundhu Mukerji and anr. (Minor), by their Mother and Guardian, Nistarini Dabi and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1887)ILR14Cal122
AppellantJogendra Nath Mukerji
RespondentJugobundhu Mukerji and anr. (Minor), by their Mother and Guardian, Nistarini Dabi and ors.
Excerpt:
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.
Judgment:

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.


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