Code of Civil Procedure, 1908–Order 7, Rule 11–Rejection of plaint–Appreciation of–Suit for partition–Testator bequeathed absolute right over the suit property through the Will–First part of Will shows that the testator shall remain the absolute owner of the property till he is alive and after his demise, the property would be inherited to his wife S–Subsequent to death of testator and consequent upon the death of wife S and in case, she predeceased to testator–Testator died on 30.07.1995 and wife S died on 17.02.2005–No occasion occurred to make the second condition operative–Held, suit for partition and permanent injunction was not disclosing the cause of action–Interference declined.
