Bantaram Srinivas rao 30 January 2023

About the third party

I filed a suit for partition and seperate possession along with I.A Order XXXIX Rule 1&2 Petition, respondent received the copies of the same but when the suit is pending the defendant sold out entire suit lands to the third party again I filed implead petition, the proposed respondent received summons and got ex party in Implead petition, I filed fair copy of plaint, after my fair copy of plaint, concern court ordered to summons to the prop.respondent who is an ex parte in I.A, if it is necessary to serve notice to the third party in partition suit, the plaintiff is must serve notice to the third party or any relief is available to the plaintiff please suggest me,

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4 Replies

P. Venu (Advocate) 30 January 2023

Who is the defendant(s) in the case? How come the property is jointly vested with the plaintiff and defendant(s)? Please post complete facts.

Shashi Dhara 30 January 2023

If once summons is served as per law is enough,now proceed the case and lead evidence and obtain decree ,take possession of your share.

Bantaram Srinivas rao 31 January 2023

It is an ancestors property defendant is my cousin he sold out entire land when suit is pending I have any remedy in the above issue the prop.defendants are third parties they are received notices from the concern court and got ex party in this implead petition & plaint is amended but in amended fair copy of plaint filed by me after filling of this fair copy the court ordered to serve fresh notices to the ex party defendants for their written statement in amended fair copy of is it is necessary to serve notice to them if any citation on this regard