Dear Experts,
Thank you in advance.
One co share holder filed a partition suit against us by NOT including 2 other co share holders(even their legal heirs also NOT included) in Principal Junior Civil Judge Court, Andra Pradesh. Petitioner(who filed suit) is NOT actual share holder but he is legal heir of one co share holder. All co share holders are from Hindhu families.
could you please help my for
1. Is this suit liable for NOT maintainable and should be dismissed?
2. If yes, can you please help me by providing some relevant old judgments of Supreme Court/High Court ?
3. Any relevant good citation to mention in counter written statement
Thank you
If your statement is tio be believed then the preliminary issue should be framed as to Mis- Joinder and Non-joinder of proper and necessary parties, suit can be demised on this alone ground.
https://www.lawyered.in/legal-disrupt/articles/joinder-mis-joinder-non-joinder-parties-civil-suits-nisha-nandini-singh/
