Partion suit pending exparty can back an join the suit.

Querist : Anonymous (Querist) 15 May 2010 This query is : Resolved
Brief summary

X had filed a partion suit in 2004 for the property of their father against 4 brothers and 2 sisters only the petitioner and 2 defends are filing the counters. other defends are not contesting the case and got exparted.

Still the partion suit is pending.

Q1. if the Petition filed by petitioner (X) praying the court to withdraw the his claim from the suit property. Does the court closes the suit without sending the notices to the ex party defends or what is the procedure.

Q2 if the partition suit is pending can the ex party defends can join in the later dater or not.

Q3. Can the Ex party defends can file a another fresh partition suit if the petitioner (X) closes the main suit.

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adv. rajeev ( rajoo ) (Expert) 15 May 2010
If there is a counter claim by the 2 defendants suit will not be closed.
Eventhough some defendants are placed ex parte it does not make any difference because share wiil be alloted to them also.
At any time defendants can appear in the pending case by filing an application for setting aside an ex-parte order.

Raj Kumar Makkad (Expert) 15 May 2010
rajoo has clarified legal position except one point. Even if petitioner withdraws his petition, other co-sharers of the property including ex-parte proceeded co-sharers can file separate petition seeking partition of joint property at any time without any legal hurdle.