Partition–In a suit for partition, the Civil Court cannot go into the question of title unless the same is incidental to the fundamental premise of the claim–If one of the coparcener or an alienee from such coparcener, claims the independent title of one of the properties brought in his individual name, it may be open to the Court while trying the suit for partition to decide whether such a property belongs exclusively to the defendant–To this limited extent, examining the title of a party to the suit schedule properties is permissible even in a suit for partition.
