Civil suit and No. of Plaintiffs

Querist : Anonymous (Querist) 15 December 2010 This query is : Resolved
Learned Experts,
Six persons are legal heir of a land, out of them four lives outside. Only two lives, son with his father who too is one of the legal heir, in the home town where the land situate Now a civil suit has to be filed for removal of encroachment of the land.

Can the person who is taking care of the property alone be the plaintiff of the suit or name of others too are reqd as plaintiff?

What if both son and father become plaintiff?

Will the suit be barred due to mis or non- joinder of necessary parties?
Plz. Guide .
Thanks and great regards.

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Khaleel Ahmed Mohammed (Expert) 15 December 2010
One of the legal heir can file civil suit on behalf of other heirs Under Order I Rule 8 of civil procedure code.

Advocate Bhartesh goyal (Expert) 15 December 2010
Any legal heir/co sharer can alon file a suit for removal of encrochment without joining other legal heirs/co-sharers.