Law: Civil Procedure Code (V of 1908)

Section: 11

  Civil Procedure Code (V of 1908)--- ----S.11---Res judicata---Earlier suit between parties claiming title to certain lands and not involving other properties---Claim in alternative in earlier suit for share of properties not made on basis of right of coparcener or co-sharer---No finding by High Court on question of earlier partition between parties   Subsequent suit for partition between parties not barred by res judicata. Where the earlier suit had been filed claiming title to certain items of property which were the subject-matter of a deed executed in favour of defendant (plaintiff in the subsequent suit) and the suit was not concerned with other properties and the claim of 2/3 share in the alternative was made in that suit not on the basis of plaintiff (defendant in that suit) being a coparcener or co-sharer but on the assumption that he had acquired title under the impugned deed and there was no finding on the question of earlier partition effected between the parties, the subsequent suit for partition between the parties would not be barred by res judicata. Hindu Law--- --- Joint family property---Partition---Presumption as to jointness----Rebuttal of-- On consideration of evidence presumption of jointness in such a case stood rebutted. There is a presumption of jointness in a family governed by Hindu Mitakshara law, and the initial burden lies on the party claiming disruption in the joint status. Where a suit for partition of joint Hindu family property was filed and in an earlier suit the plaintiff (the defendant in that suit) had asserted in his written statement that there was an earlier partition of joint family property, it was held that the presumption as to jointness stood rebutted. It was more so when the other evidence in the case also showed that there was disruption in the joint status of .the family. Consequently, the relief of partition could not granted to the plaintiff. Civil Procedure Code (V of 1908)--- ----O. XLI, R.33---Suit for partition  Some of properties purchased by plaintiff held to be his self-acquisitions---Plaint showing that there was no lis in regard to those properties and therefore no relief asked in…