Necessary party or not
krishna
(Querist) 02 April 2016
This query is : Resolved
Respected Sir
Suit property is a joint property. Plaintiff was residing in a suit property from several years & thereafter A, B, C who are legal heirs of suit property demanded partition to the plaintiff but plaintiff refused and thereafter B & C forcibly disposed plaintiff from suit property (not A but plaintiff alleged in suit that A is involved with B & C). Plaintiff is also legal heir of suit property & he is not tenant or outsider.
Plaintiff filed suit against A, B, C claiming that A, B, C had surrendered their right in respect of suit property to the plaintiff & hence plaintiff was in full & exclusive possession of suit property from last 10 years but Plaintiff did not pray for declaration that he is full owner.
Plaintiff pray for
1. Restoration of possession as he was illegally dispossess without following due process of law
2. Injunction to restrain A, B, C to interfere with possession of plaintiff without following due process of law.
After serving writ of summons it is conveyed by post office that A has died. And B & C were duly served. Plaintiff failed to bring legal heir on record. Objection of abatement has been taken by defendant.
Stand of the new lawyer of plaintiff is that even if plaintiff failed to bring legal heir of A on record, suit does not abate because A is not such necessary that in whose absence court cannot give relief to the Plaintiff because A has not dispossessed plaintiff. B & C has dispossessed plaintiff.
1. Whether stand of plaintiff is correct?
2. Can court complete the trial & give relief to the plaintiff in the absence of legal heir of A on record?
krishna
(Querist) 04 April 2016
Sir
This is not professional query. Hence pleas answer. We are on the plaintiff side. We want to know whether lawyer is correct or not.
Thank you
Adv. Yogen Kakade
(Expert) 05 April 2016
Mr. Krishna, the case documents are needed to be seen before answering your question.
