Sita Vallabhav (service) 29 March 2019

Non jointer of necessary parties to a partition suit

A few plaintiffs file partition suit, in 2019, impleading defendants who are in possession of the properties, since 1957. Plaintiffs not bringing all parties to the suit...

Defendants files written statement informing court that " suit is bad for non jointer of necessary parties..

Plaintiffs files a petition praying to the court that the defendants should be ordered to provide names and addresses of the "so called necessary parties".

Plaintiffs also pleads that, its the responsibility of defendants to provde details of other necessary parties....

My humble doubt is ... is it not the responsibility of plaintiffs to bring in all hecessary parties to the partition suit ?

Is it responsibility of defendants to find the details of necessary parties ?

Thanks

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4 Replies

Shashi Dhara 29 March 2019

It is the responsibility of plaintiff who files suit.he must have knowledge about.if he takes decree than necessary parties can file suit to set aside decree .it is not defendants duty to furnish .

Dr J C Vashista (Advocate) 30 March 2019

When the plaintiff is "unaware" about all the necessary parties they/ s/he may file an application through your lawyer seeking directions to defendant(s) to provide necessary information.

Seek professional services of your/ someone else local prudent lawyer for proper guidance and proceeding.

ASHIF. K.M. 30 March 2019

As far as the partition suit is concerned, even the defendant can be deemed as plaintiff. Therefore, it is the duty of parties concerned who asserts as non joinder of necessary parties to provide the particulars so as to decide whether they have yo be added or not. Otherwise, adverse view can be taken.

Sita Vallabhav (service) 11 April 2019

Respected Expeert sir,

The defendents in their written statement has already mentioned names of the all necessary parties... the defendents know Only names of the non joined necessary parties which they mentioned in their written statement.

Is it not the duty of the plaintiffs to find the addresses and join them as necessary parities to the partition suit.?

Can the plaintiffs file direction petition to direct the defendents to impleade the non joined other parties?

Humble request to please enlighten...

Thanks in advance sir