Code of Civil Procedure, 1908–Order 7, Rule 11–Application under–Dismissal of–Suit for partition, declaration, and permanent injunction–Issue up to effect that the partition had already taken place–Plaintiff pleaded that when the defendant did not act upon the family settlement, he separated from the settlement after giving the notice–Observation of trial Court that whether the parties to the settlement are bound to follow the terms of settlement cannot be decided at this stage–Held, no illegality is found in the impugned order.
