AIR 1979 PUNJAB AND HARYANA 268 ::1979 RevLR 403 ::1979 Punj LJ 338 ::(1979) 81 Pun LR 454

Punjab And Haryana High Court

Hon'ble Judge(s): S. S. Sandhawalia , C.J. AND Gokal Chand Mital , J

(A) Civil P.C. (5 of 1908) , O.2 R.2— Suit when barred under - Earlier suit for injunction and declaration that business run by defendant was a joint family business dismissed - All joint family property not included in earlier suit Subsequent suit for partition of all joint family property and business - Cause of action in previous suit held was different - Subsequent suit not barred by principles of O.2, R.2. (Para 5 6) (B) Limitation Act (36 of 1963) , Art.110, Art.65— Suit for partition - Limitation - Art.110 applicable only when property is joint family property which is sought to be partitioned - Property in dispute found to have ceased to be joint family property long before 12 years prior to filing suit when one co-sharer had given notice of his intention to separate from joint Hindu family - Art.110 held was not applicable - Plaintiff however held entitled to maintain suit within 12 years from date when possession of defendant became adverse to him by virtue of Art.65. AIR 1977 Punj and Har 1, Reversed. (Para 7 8) .....