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Partition suit

(Querist) 13 June 2010 This query is : Resolved 
In a suit for partition between brothers, one of the defendants was set exparte. Later during the trial of the suit, that defendant died. Is it possible for his hegal heirs to implead themselves in the suit ?
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Raj Kumar Makkad (Expert) 13 June 2010
Yes. Those legal heirs have got every right to get ex-parte order set aside and seek their impleadment in place of their predecessor-in-interest.
Devajyoti Barman (Expert) 13 June 2010
Yes unless it is abated against them.
niranjan (Expert) 13 June 2010
Though it is better to implead legal heirs of the deceased,however you can take shelter of O.22,Rule 4 (4).
RAKHI BUDHIRAJA ADVOCATE (Expert) 13 June 2010
Yes, sure.
Uma parameswaran (Expert) 14 June 2010
yes.
G. ARAVINTHAN (Querist) 14 June 2010
Thanks all experts

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