adverse possession
naveenraj jain
(Querist) 07 July 2014
This query is : Resolved
Dear sirs
A property in dispute for partition of property past 25 years was decided in favor of defendants ie agreement holders decreeing that they are in possession of the suit property. Now the plaintiff in the above suit has lodged a fresh suit for partition through daughters who were also parties to earlier suit. Civil Court has issued notice to agreement holders to appear and contest.
My query is now since 25 years have passed by plaintiffs have not sought for adverse possession nor cancellation of the agreement. And moreover this fresh case is res judicata. Can the court not reject the plaint itself.
Devajyoti Barman
(Expert) 07 July 2014
The suit is barred res judicata and under order 2 rule 2 of cpc.
Rajendra K Goyal
(Expert) 07 July 2014
Full case file need to be referred, consult your lawyer.
ajay sethi
(Expert) 07 July 2014
suit is barred by resjudicata
naveenraj jain
(Querist) 07 July 2014
Thanks respected sirs for the support
ajay sethi
(Expert) 07 July 2014
thanks for your appreciation
Nitish Banka
(Expert) 07 July 2014
Completely agreed with Ld. Experts
