Limitation in partition suits is a mixed question of law and fact — cannot be determined at threshold stage. Partition suit cause of action is recurring, crystallising only upon refusal of demand for partition. Article 113 residuary period applies.
["Limitation in partition suits is mixed question of law and fact","Cannot be determined at threshold under Order VII Rule 11","Cause of action is recurring crystallises on refusal of demand","Article 113 residuary period applies","Period runs from maturity of right to sue not property acquisition"]
Full text not available for this judgment.