MOTI CHAND Vs. LAKHANBAI

JUDGEMENT

(1.) THIS is revision against the order passed by the Second Addl. Judge to the Court of District Judge, Bilaspur, rejecting an application under Order 7 Rule 11 CPC on the ground that the suit for partition is not maintainable.

(2.) SHRI Umesh Trivedi, learned Counsel for the applicant, submits that the order passed by the Lower Court suffers from illegality inasmuch as it has not properly complied with the provisions of Section 23 of the Hindu Succession Act as also the principles laid down in Hindu Law, paragraph 363.

(3.) I have gone through the pleadings, heard the learned Counsel for the parties, the question for consideration in the present case is whether the suit as filed was incompetent on the ground that no suit for partition can be filed by a female of the Hindu joint family. In the instant case, the suit is filed by the step mother against her step son claiming that she is entitled to half share of the property. It is admitted that the plaintiff became widow in the year 1962, after coming into force of Hindu Succession Act whereunder she became absolute owner of the property, and thereby acquired absolute right over half share in the joint family property.