ASIM KUMAR AGARWALLA Vs. JITENDRA KUMAR AGARWALLA

JUDGEMENT

(1.) These Civil Revision applications arise for setting aside the order dtd. 16/7/2014 passed by the learned Civil Judge, (Senior Division) I, Dhanbad in Title (Partition) Suit No. 151 of 2013 whereby the petitions filed by the petitioners under Order VII Rule 11 of the Civil Procedure Code (in short 'CPC') for rejection of the plaint has been dismissed.

(2.) The plaintiff has filed the suit for partition of joint family properties, trade and business of trading companies among the plaintiff, his brothers and sisters those who are alive and their successors who are not alive. The plaintiff claimed to be the co- sharer of the properties, trade, business and trading companies, mentioned in Schedule B, C, D, E, F, G, H, I, J, K & L which were said to be either ancestral property or properties purchased from the profits of ancestral property and with the aid of joint family property, by the joint labour of the whole family, and it was asserted that there was a nucleus sufficient to acquire the property and interest thereon by profitable investment thereof for the benefit of the joint family.

(3.) The plaintiff prayed for the following reliefs: -