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sridhar (lawyer)     13 March 2016

Clarification sought

"A" purchases a property through court auction. His father sues for partition against A and others including this property and share in portion of this property is allotted to father in the suit. No appeal against the preliminary decree. However, father without seeking for final decree and delivery of possession, alienates his share to 3rd party. The remaining extent that was vested with the son was sold by him, to 3rd parties After about 15 years the said 3rd party who purchased the share of father sues for 2nd round of partition against the other shareholders including the 3rd parties who purchased to the remaining extent from son. Is this suit barred by Res judicata or by limitation? Any legal precedents in this regard?



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