Non joinder of parties
Querist :
Anonymous
(Querist) 24 December 2011
This query is : Resolved
Suit Filed in Gujarat-Halol
There is no stay on property
Suit is Partition Suit
Petitioner is no where in revenue record
when a parition suit is pending in a civil court and a petitioner is not a co-owner of disputed non-agricutureal land, inspite of he has filed a partition suit as co-owner of the property.
petitioner is brother of opponent but not co-owner of disputed property and the other legal heir that sister of opponent has not been joined by the petitioner
So civil should reject the suit or not?
prabhakar singh
(Expert) 25 December 2011
If the right of partition set up in suit is
heir ship claim arising from death of the father then only it would be said that the suit is bad for non joinder of necessary party.But sardar g you have not told the right under which partition has been claimed in the suit.
