In Brief
Members of a joint family sued for partition of ancestral properties, averring that certain nominal sale deeds were executed but never acted upon, and that they retained continuous possession. The High Court partially rejected the plaint regarding one scheduled property, finding the sale deed dispositive. The Supreme Court set aside this order, holding that: (1) the test under Order VII Rule 11, CPC is whether the plaint discloses a cause of action when read as true; (2) the court cannot pre-judge facts or examine merits at this threshold stage; and (3) a plaint cannot be rejected in part—it must be rejected entirely or not at all. The appeal was allowed and the suit restored.
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