SevanDallal 28 July 2020

Non jointer of necessary parties

Learned Explerts,

An Hindu unmarried person died intestate 35 years ago leaving behind 5 brothers- (B1, B2, B3, B4, & B5) and three sisters - S1, S2, S3). All 8 siblings were alive at the time of his death. All these 8 sibilings are dead now having sons and daughters as their respective legal heirs.

The suit property is in exclusive possession of legal heirs of one brother ( B3).

A partition suit is filed by legal heirs of B1, B2, B4 & B5 as Plaintiffs against legal heirs of B3 as defendants. Plaintiffs did not impleade legal heirs of S1, S2 & S3 as parties to the suit. Defendants in their written statement informs the court that the legal heirs of S1, S2 & S3 are not impleaded in the partition suit as necessary larties.

Defendants contended non jointer of necessary parties as legal heirs of S1, S2 & S3 are NOT impleaded to the suit.

Plaintiffs files an Interim Application praying to direct defendants to give detais of the legal heirs of S1, S2 & S3.

Defendants counters this IA that all that is known to defendents about the names of the S1, S2 & S3 are mentioned in the reply written statement itself. And that defendants does not know whereabouts of the legal heirs of the S1, S2 & S3.

Surpisingly the Honorable Lower court directs the defendants to provide details of the llegal heirs of the S1, S2 & S3.

Learned experts please advise what should the defendants do next hearing as they do not have wbereabouts of legal heirs of the S1, S2 & S3.?

Is it not the plaintiffs duty to bring in all the necesszry parties to the suit. ?

Or can the defendants challenge the direction of the Honorable Court ?

Humbly request the Learned Legal Experts to please enlighten please ...

Reply Follow

3 Replies

Dr J C Vashista (Advocate) 28 July 2020

The application (IA) of plaintiff was entertained and allowed on the plea that B1, B2, B4 & B5 do not have details / particulars of LRs of his sisters S1, S2 and S3, although prima facie it is misinformation, consequently defendant B 3 can also submit his reply that he do not have any such information/ details.

The order is assailable in higher court..

P. Venu (Advocate) 28 July 2020

What is the constraint for the defendants to comply with the directions? Such orders are saved by the inherent powers vested in the Court under the provisions of Section 151 CrPC.

If it is really the case that the defendants are not aware of the address, they can provide the last known address.

1 Like

SevanDallal 04 August 2020

Thanks very much respected expert for your valuable reply...
Humbly request for a clarification sir,
Whether the defendants should try to get details of non joined necessary parties by placing news paper advt. etc., or is it Plaintiffs' duty to find details ?
As the defendants already submitted, can the defendants reiterate that all that is known about the non joined other necessary parties is that their names only and the same is already submitted before the court.?
Whether the court will accept & direct the plaintiffs to implead the other parties ?
Or will the court will put the burden of providing the names on the defendants ?

Thanks once again learned expert sir...