vijay (Business) 20 February 2014

Partition suit in district court without necessary parties

I hav filed a partition suit(ancestral property) against my brother.

we are 2brothers(i am younger) and 3sisters.

But in the said partition suit, i did not implead my sisters as parties in suit.

my brother in his counter affidivait to plaint............:raised that

1) since all the parties(my 3sisters) to suit are not involved, this suit shall be dismissed under the

ground of non-joinder of necessary parties.

my query is

1) if i did not implead my sisters as parties to suit, what will be the judgement.(case is in district court, AP)

2)if the court dismiss the suit under non-joinder of necessary parties - what should i do.........?

i mean should i freshly start the case in district court or should i appeal to high court

by calling my sisters as legal heirs of the property.....?

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7 Replies

adv.raghavan (Advocate,9444674980) 21 February 2014

You have to involve all the legal heirs for a partition suit., if property could not partitioned amicably.

shanmugam lakshmanan (senior) 21 February 2014

Dear sir, your brother has taken a vital defence. Non-joinder of necessary party will be fatal to the suit. It is advisable to implead all your sisters as parties to the suit. so that the Trial court can determine exact share of the all coparceners in an ancestral property. You need not afraid of your share and you will be getting your share to the extend you are entitled in accordance with law.

Biswanath Roy (Advocate) 21 February 2014

The partition suit shall be dismissed on the grounds of non- joinder of all the parties having shares in an undivided ancestral property.. You can file an application for amendment in the plaint.

T. Kalaiselvan, Advocate (Advocate) 21 February 2014

File an application to amend the plaint for impleading your sisters as party to the suit unless you run a risk of the suit getting dismissed.

vijay (Business) 22 February 2014

Thanq Sir

vijay (Business) 23 February 2014

part of pw1 is completed sir, still do i hav chance to file impleading petition

present judge was transferred, awaiting for new judge

expecting my brother may come for compromise........

Biswanath Roy (Advocate) 23 February 2014

Generally if any Judge is transferred during the course of hearing the new Judge takes up the hearing afresh and examination of witnesses afresh. So you can file the application for amendment of plaint. meantime.