once again..

Querist : Anonymous (Querist) 06 March 2011 This query is : Resolved
Plaintiff has filed a case against Defendant for partition of ancestral properties. I'am appearing on behalf of Defendant. As per the contention of the plaint... Plaintiff is claiming Partition of only two ancestral properties..... whereas there are total of three ancestral properties.....Moreover there is a M.O.U of ancestral property executed between the Plaintiff and Defendant way back in 1982... where it was decided between the Plaintiff and Defendant that out of the three ancestral properties.. two properties will go to the share of Defendant and one property to the share of Plaintiff... now in the present suit... the Plaintiff is claiming partition of the two properties which are in my share..at the same time time he his not whispering a single word about the property which he got to his share... In these circumstances is such suit maintainable... if yes how?? if no why??? what provision as per cpc can i file application regarding the maintainability of such suit?? please provide case laws to that effect...

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adv. rajeev ( rajoo ) (Expert) 06 March 2011
when plaintiff is silent about the another property you can include it by filing an application.

Advocate Bhartesh goyal (Expert) 06 March 2011
Take an obection in this regard in written statement.

Kiran Kumar (Expert) 06 March 2011
file an appropriate Written Statement...and raise your contentions therein.

bring the third property within the purview of this litigation.

Advocate. Arunagiri (Expert) 06 March 2011
When the partition comes, you can include all the properties in dispute.

Kirti Kar Tripathi (Expert) 06 March 2011
you can place the said fact in your w.s. and also take a ground of concealment of fact.

Dayananda Gowda (Expert) 06 March 2011
File a written statement taking same contention along with mou. File a application under order 7 rule 11 of cpc for rejection of plaint

Uma parameswaran (Expert) 06 March 2011
I am also supporting Dayananda Gowda.

Guest (Expert) 06 March 2011
You can file a counter claim in your written statement and if you not filed the same in the written statement than you can file an application for the amendment of W S in the court and you can detail the property which is to be partitioned and in the hand of the plaintiff.

niranjan (Expert) 06 March 2011
I agree with Mr. Sachdev.

Querist : Anonymous (Querist) 06 March 2011
can the suit of the plaintiff be defeated on this count that the third property is not in picture of the suiit??

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