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Case information
| Court | Supreme Court of Bangladesh — High Court Division |
|---|---|
| Case reference | First Appeal 271/2016 |
| Case-reference year | 2016 |
| Case type | First Appeal |
| Court website upload date | 24-JUN-26 |
The case-reference year is not the judgment year. The court website upload date is not a judgment date.
Official index description
Source: Supreme Court official index.
Thus, we are of the considered view that although a Court, in a simple suit for partition, may incidentally examine questions of title for the limited purpose of determining the shares of the co-sharers, it cannot adjudicate serious and complicated disputes relating to title in a suit framed merely for partition. Where the plaintiff`s title is under a cloud and partition cannot be effected without first determining such title, the suit must be appropriately framed with a prayer for declaration of title. In the absence of such a prayer, a simple suit for partition is not maintainable.