Withdrawal of partition suit by plaintiff

G Ramjee Ambedkar (Querist) 25 March 2017 This query is : Resolved
Hello, in a partition suit the plaintiff filed suit for partition and not alienate property and he stated his father died intestate. The honourable court grant status quo, he also filed to appoint receiver and it is pending. The plaintiff didn't add married daughter as party. The married daughter filed add party petition and it is allowed, but the plaintiff didn't amended plaintiff and didn't file best copy. In-between plaintiff created another will basing on will he settled some properties in the names of his minor sons. Now he wants to withdraw the suit. The daughter add party ordered but neat copy was not filed. Can daughter transpose as plaintiff to continue the suit?

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Dr J C Vashista (Expert) 26 March 2017
Being "dominus litus" the plaintiff can withdraw his suit any time during its pendency.

Rajendra K Goyal (Expert) 26 March 2017
Agree with the expert Dr J C Vashista.

Dr J C Vashista (Expert) 26 March 2017
Thank you Mr. Rajendra K Goyal for your concurrence to my opinion qua subject query.

Rudrawar Narayanreddy (Expert) 26 March 2017
daughter can get transposed as plaintiff and continue suit. in a partition suit all parties plainitffs and defendants are plaintiffs as every one have got right.