Manjunath 01 September 2019

What happens to one of many defendants?

-A and B are siblings. C is their mother who has died intestate. They are hindus. -A & 2 others are plaintiff -B & 22 others are defendants -It is a civil suit for partition where A and 2 others want fair share of land, agri income etc. from B, free from alienations made to 22 defendants. Because B has been alloted all property by C via gift deed/settlement deed. -Defendants also include people to whom land has been sold by C validly when she was alive. -When getting court summons by 22 defendants, xerox copies of all sales by C were attached as annexure in plaint. -Mr. D responded to summons and was surprised when appearing in court as remaining 21 defendants had hired lawyers. -Next purpose of hearing is written statement. -Should D file written statement? Because C has sold land legally to D and its xerox copy is in annexure of plaint. -Why did others hire lawyers? Are they not confident about winning?

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3 Replies

Real Soul.... (LEGAL) 01 September 2019

D- must file written statement and proceed to defend his rights. Otherwise he will be set in ex parte .

Manjunath 01 September 2019

Should D really do so? On the basis of law of limitation: C has transferred land to D on year 2000. On basis of hindu succession act: C can sell land as she pleases. Its winnable right because a judge does apply his mind when giving judgement on perusal of documents in plaint especially sale deed by C to D? Moreover, in a schedule of plaint, A has initiated suit against B, free from alienations made to 22 defendants for a huge share of Rs 38 lakh and relief for temporary injunction is Rs 1000 for all defendants. So shouldn't D keep quiet afterall as any lawyer will ask minimum Rs 5000 for written statement and even if exparte, the standing of other defendants via lawyers is good as some of them are in similar situation as D i.e. C has validly sold to them.