Civil suit for partition

tejinder sethi (Querist) 04 April 2025 This query is : Resolved
I have filled partition suit against my mother, my two sisters, my brother and my brother's son. My brother's son because my mother gifted the property of my father who died inestate. My mother is not the absolute owner but nominee member. Today there was date in the court for apperance. I appeared with my lawyer but from the defendant side only the lawyer for my brother and his son. Next hearing is for written statement.

Now my question is what happens to other defendants who have not appeared in person or through lawyer.

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Quick Summary

A partition suit has been filed against several family members, including a mother, siblings, and a nephew, concerning inherited property. While the plaintiff and their lawyer attended the court date, only the lawyer for the brother and nephew appeared. The next step is for the defendants to submit their written statements. The core question is what happens to defendants who have not appeared, either in person or through legal representation, after summons have been properly served.

kavksatyanarayana (Expert) 04 April 2025
The court will issue summons to all the defendants, who must submit their statements; otherwise, the court will pass orders as ex parte or as per the evidence.

T. Kalaiselvan, Advocate (Expert) 05 April 2025
If the summons served on the defendants properly and they have not appeared before court then they will be set exparte.

Advocate Bhartesh goyal (Expert) 05 April 2025
If the summons have been duly served to defendants and inspite of having received summons defendants do not appear before court on hearing date then court should pass ex- parte order against them.

Dr. J C Vashista (Expert) 06 April 2025
After proper service of summons for settlement of issues if any/either of the defendant(s) do not appear, the Court shall proceed ex-parte against absenting defendant.
Whether your lawyer do not know the procedure / law on the issue, however, if s/he knows, what is the purpose of posting such query ?

P. Venu (Expert) 13 April 2025
Have the summons been duly served on the other defendants?

tejinder sethi (Querist) 13 April 2025
Yes summons received by them

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