Civil Procedure Code (CPC)

decree against appealable

legal profession

suit for partition was dismised on 2004 on the ground that female legal heir cannot seek partition unless the same sought by male legal heir but on 2005 act promulgated such that sec 23-c of act has been repealed and it empowers the female to demand partition against male co-parceners.my grivence is whether appeal can be filed or fresh suit be filed any judgment please

S.Ravichandran

 
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Advocate

Ravichandran,

In my opinion a fresh for partition can be filed asking for partition of joint family property.

 

 
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i think ar d.v. is right.change in law has given u a legal right 2 file a fresh suit for partition n the dismissal of previous suit will not attract the provision of resjudicate

 
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