Code of Civil Procedure, 1908–Order 7, Rule 11 r/w. Sec. 151–Rejection
of application under Order 7, Rule 11–Justification–Suit for partition and permanent injunction on the ground of having adopted son–In the earlier suit, plaintiff admitted the fact of being not adoptive–Once he made declaration or admission before a judicial authority and confirmed his status of not being adoptive son and derived the benefit, now he cannot afterwards lay a claim in contradiction to earlier stand–Application was wrongly dismissed– Suit was even liable to be rejected u/s. 151.
