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Gourang M Haldipur   07 March 2018

Interim application to be filed within 1 year

I am the 5th defendant in an FDP arising out of a decree for partition. The FDP was filed by my uncle as the sole plaintiff and 12 defendants in 2011. During pendency of the FDP, in 2011, the sole plaintiff and 8 out of the 12 defendants sold their undivided share of the suit property which happens to be a dwelling house to a stranger. The stranger filed an application for impleadment as plaintiff no:2 in 2015. The said I.A. was rejected by the trial court. On appeal, the High Court in 2016 impleaded him as defendant no:13. In december-2017, I moved an application u/s 4 of the partition act to buy out the stranger purchaser. In the objections filed by him to my i.a.he has admitted that he is a stranger purchaser but has contended that the said i.a. is barred by time. He contends that I should have filed the i.a. u/s 4 within 1 year from the date of his filing i.a. for impleadment. Please let me know whether there is any time limit fixed or prescribed by The Partition Act that an i.a. u/s 4 must be filed within 1 year as contended by the stranger.


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