SRINIVAS Vs. S.SAMBAIAH

JUDGEMENT

(1.) Heard the learned Senior counsel Sri B.V.Shankarnarayan Rao, appearing for the appellant and the learned counsel appearing for the respondents. This appeal is arising from the order passed on an application under Order VII Rule 11 of Code of Civil Procedure (for short, 'the Code'). The Trial Court over-ruling the objection of the plaintiff has allowed the application under Order VII Rule 11 of the Code and rejected the plaint on the premise that the suit is barred by law.

(2.) The plaintiff filed a suit against defendant No.1 alleging that he is the son of defendant No.1 S.Sambaiah claiming share in his properties. Plaintiff claims that he is the son from Kempamma the second wife of S.Sambaiah and the marriage is void. The Trial Court upheld the contention of defendant No.8 who urged that the suit for partition by the son from the void marriage is not maintainable when the father is alive.

(3.) Aggrieved by the said order which is resulted in a decree, the plaintiff is in appeal.