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As per case facts, a civil suit challenged partition proceedings, alleging mistakes in revenue records from 1955-56 and seeking declarations, compensation, and injunctions. The petitioners, successors of a defendant, sought
...rejection of the plaint under Order 7 Rule 11 CPC, arguing the suit was barred by Section 158(2)(xvii) of the 1887 Act. The trial court rejected this application. The question arose whether the civil suit, involving title disputes and seeking various reliefs, was jurisdictionally barred for the Civil Court. Finally, the High Court upheld the rejection of the Order 7 Rule 11 CPC application, finding that questions of title and other reliefs sought fall within Civil Court jurisdiction under Section 45 of the 1887 Act, and the suit could not be rejected if any part of the cause of action survives.
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