Counter claim on partition suit

Guest (Querist) 10 August 2017 This query is : Resolved
Dear experts,

My brother files a partition suit before the court and he went to USA and staying there only till the date.

For the same suit, i have filed a reply, in that reply we requested the court for counter claim and paid court fee, and mentioned that we are also seeking the partition.

Now trails will start soon, and court will call my brother but he is not able to attend the court as he is staying in US, if this is the case, will the court dismiss the partition suit? or still court continues the trails as per my counter claim?
is that counter claim will help to partition the property in this case? or any other steps do i need to take to continue the partition suit till i get my partition?

Please suggest me.

Thanks and Regards.

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selva perumal (Expert) 10 August 2017
when he is continuously absent the court may by-passing his plea can hear the case based on your averments mentioned in the counter claim petition. When the suit is for partition and the counter claim also partition the court may pass a preliminary decree based on the averments and documents filed by the parties.

Rajendra K Goyal (Expert) 10 August 2017
Being a civil case, Lawyer of your brother may be attending the court proceedings.

Your brother have to come for evidance else his lawyer can proceed with other evidences.

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