Surjit Kaur Gill & Anr vs Adarsh Kaur Gill& Anr

The Supreme Court upheld the High Court's decision to set aside the dismissal of a partition suit under Order VII Rule 11 of the Code of Civil Procedure, 1908, emphasizing that the suit's maintainability must be assessed based on the plaint's allegations and not the merits of the case. The Court clarified that a suit for partition can be maintained even if the property is not physically divisible, as long as the parties have a share in the property. The appeal was allowed, and the matter was remanded for further proceedings in accordance with law.