civil suit
Querist :
Anonymous
(Querist) 11 March 2011
This query is : Resolved
I HAVE A CASE THAT TWO BROTHERS HAVE FILED THE CIVIL SUIT AGAINST EACH OTHER FOR THE DECLARATION AND PERMANANT INJUNCTION REGARDING THE PROPERTY OF OTHER PERSONS.THIS BRO.HAVE JOINT POSSESSION ON THIS PROPERTY. THE PLAINTIFF'S PLEA IS THAT HIS GRANDFATHER HAD PURCHASED THE PROPERTY FROM ONE RAM BHAI.BUT BECAUSE OF SOME SHORTAGE OF MONEY THE SALEDEED WAS NOT REGISTERED.THEN HIS GRANDFATHER AND RAMBHAI DIED.SO THE SALEDEED DID NOT TAKE EFFECT.
NOW THIS TWO BROTHERS HAVE MADE COMPROMISED AND PRAY FOR COMPROMISE DECREE.THE QUESTION IS CAN COURT PASS THE COMPROMISE DECREE WITHOUT JOINING THE LEGAL HEIRS OF DECEASED RAMBHAI ?
ISN'T IT A COLUSION?
IS THERE ANY JUDGMENT OF HON'BLE S.C./HON'BLE H.C.
PLEASE HELP ME.
Guest
(Expert) 11 March 2011
the legal heirs should be brought on record for proper adjudication. They are necessary party to the proceedings. only the compromise can be recorded.
Chanchal Nag Chowdhury
(Expert) 13 March 2011
NO. The court cannot pass a decree & if it does, it will be non-est in the eye of law.
