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Sunday, 27 August 2017

Suit for partition dismissed for want of prosecution _ Subsequent suit filed by legal heirs _ Cause of action for seeking partition was recurring in nature _ Right to file suit for partition continue as long as the property continues to be jointly held

Suit for partition dismissed for want of prosecution _ Subsequent suit filed by legal heirs _ Cause of action for seeking partition was recurring in nature _ Right to file suit for partition continue as long as the property continues to be jointly held _ Joint owner can file a suit for partition until partition is actually effected irrespective of the fact that earlier suits for such partition were dismissed in default or an earlier decree for partition was not acted upon _ Lower Appellate Court rightly held that the right to enforce partition continued to subsist. (See 2016 (4) LJSOFT 151)

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