partial partition

Querist : Anonymous (Querist) 11 December 2010 This query is : Resolved
Plaintiff filed a suit for partition, i am appearing for the defendant, i am taking the defense in the above the partial partition is not maintainable and further in my cross examination the plaintiff also admit that the plaintiff is have the some other ancestor properties, but he is stating that the said other properties is concern no dispute hence he is include the other properties, but the other properties are the plaintiff got possession now i have for partial partition is not maintanble.

pls give the authorities in the above aspect

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Raj Kumar Makkad (Expert) 11 December 2010
Defendant can file counter claim in the written statement and can seek partition of the whole properties and court shall duly consider it.

Kirti Kar Tripathi (Expert) 12 December 2010
agree.

Uma parameswaran (Expert) 12 December 2010
I am also supporting Expert. RAjKUMNAR

Advocate. Arunagiri (Expert) 12 December 2010
I agree with Mr.Makkad.

SAANJAAY GUPTAA (Expert) 12 December 2010
i also agreed wd Mr.Makkad

s.subramanian (Expert) 12 December 2010
your stand is right. the suit is bad for partial partition.

Devajyoti Barman (Expert) 12 December 2010
yes and to make good of the defect the plaintiff should now amend the plaint.

Querist : Anonymous (Querist) 15 December 2010
Thank you sirs, now my case is arguements stage how to proceed now

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