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vivek madhukar shirvalkar (Advocate Bombay High Court)     15 January 2018

Substitution of legal heirs in partition suit

In a suit for partition of Hindu family, the Defendants are in fact Plaintiffs. When one or two such Defendants ( Co-sharers of Joint Family Properties) die, the right to sue survives on other Defendants ( Co-Plaintiffs). Is the Plaintiff demanding partition responsible to bring the Heirs of such deceased defendants on record on the Plaint ? Can the Suit be remanded to lower Court even if such heirs, who were not brought on record in the suit, have come suo-motu on record in the first appeal and got opportunity to file their WS ?


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