Partition suit

tapan chakrabarty (Querist) 13 May 2016 This query is : Resolved
Dear Sir/Madam,
1. undivided joint property-total 13 plots of land-partition suit at the stage of framing issues.
2. two coparceners (defendants) long back sold one plot without others consent.
3. the plaintiff (myself) suppressed this fact in the plaint to avoid litigation.
4. No defendants are mentioning this fact in the Court.
What will be the scenario at the time of partition by the Survey Commissioner?

Thanking You,
Tapan Chakrabarty, Udaipur Tripura

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R.K Nanda (Expert) 13 May 2016
what u exactly want to ask?

Kumar Doab (Expert) 13 May 2016
The plot may be lessened from his share.

Rajendra K Goyal (Expert) 13 May 2016
Depends on the decision of the court. Better amend the plaint.

tapan chakrabarty (Querist) 14 May 2016
Dear Sirs,
amending plaint means- making party to the buyer also-collecting all documents of deeds etc-means more litigation, more time-instead if i agree to overlook that sale and if i request the Survey Commissioner to partition the remaining plots equally.... ignoring/without lessening that plot-any problem in Law?
thanking you

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