Civil procedure code
Mahendra
(Querist) 13 July 2013
This query is : Resolved
Dear Sir,
my query is as below
X HAS FOUR SONS A B C D ,
A ELDER SON FRAUDELANTLY OBTAIN EXPARTE DECREE WITHOUT KNOWLEDGE OF THE OTHER AND BECOME THE OWNER OF THE ANSESTRAL PROPERTY OF `X` WHO IS A DEAD PERSON.
B has filed suit for declaration of ownership against A and made C and D as defendant because they are legal heir of the property and not interested to join as plaintiff or rather say they were not interested in court matter.
Now after filling of suit in the court they are now interested and wanted to join the plaintiff A , who has made them defendant . now what A `s lawyer can do or what is the provision to add defendant as plaintiff by what order or provision of CPC.
Thanks in advance
Advocate for A
Devajyoti Barman
(Expert) 13 July 2013
In stead of declaration suit, suit for partition is better option.
Advocate Bhartesh goyal
(Expert) 13 July 2013
Yes suit for cancellation of decree obtained by fraud and partition of property is the best remady.
Rajendra K Goyal
(Expert) 13 July 2013
Well advised by the experts, nothing more to add.
R.K Nanda
(Expert) 13 July 2013
nothing to add.
Mahendra
(Querist) 16 July 2013
defendant now wanted to join plaintiff who can the be joined as plaintiff i mean by what order and rule o CPC
