Partition suit was disposed after preliminary decree

sanjayporiya (Querist) 09 June 2015 This query is : Resolved
in the TALUKA COURT JODIYA (Dist. JAMNAGAR; State GUJARAT)

A partition suit for inherited/ancestral
property(revenue payable agricultural land)

In the suit, all necessary parties were not made parties.

the suit was disposed after ex-part preliminary decree in fever of plaintiff in 1997. plaintiff execute preliminary by applying to talati-kum-mantry

separate card(ie.7/12, 8/a) of the land was made in fever of plaintiff by talati cum mantri

After 3 years in 2000 plaintiff file an application for final decree and possession

Court trite that application as miscellaneous civil application and given a new separately mis. civil appli. number

A necessary party apply to join in mis. civil application in 2013

court passed an order to join that party as defendant

here questions are as follow :

-Can court dispose partition suit after preliminary decree or it is a mistake of court?

- if it is mistake of court then that can be corrected?

-Newly join party, can apply for restore/re-continue the main RCS?

- Talati-kum-mantry has power to make separate card -pls. see section 54 of cpc

I appear in behalf of the newly join party(In mis. civil application), can I gate on-line guidance?

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R.K Nanda (Expert) 10 June 2015
case complicated and thus go for click to talk option.

Dr J C Vashista (Expert) 11 June 2015
Discuss the matter with a local prudent lawyer/Sh. R K Nanda an expert on the subject with all relevant case file/record and documents.

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