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Balaji Bakthavathsal (+919444448455)     28 October 2022

Impleading ex-parte litigants in the appeal suit

Is there Ex-parte concept in Civil Appeal Suit ? In a civil Appeal Suit filed by a single person seeking partition of a property, 19 people have been added as respondents. But only respondents 16 to 19 are contesting the suit. Of the rest, 1 to 7 are fraudulent respondents who are no way connected to the property but family members of the appellant, 8 to 13 are fraudulent persons who created encumbreance on the property, 14 & 15 are registration department officials. The appeal suit was filed in the year 2019 and none of the respondents except 16 to 19 filed any representation through their counsel or submitted any written statement. Now after more than 3 years, can the appellant implead the respondents 8 to 13 in the suit ?


 2 Replies

N.K.Assumi (Advocate)     29 October 2022

Plaintiff sued 19 person in partition suit. Only 15 to 19 appeared and contest the suit. Question is not clear: Is this a pending (OS) original suit or in Appeal.

Dr J C Vashista (Advocate)     29 October 2022

Facts posted are confusing and not clear.

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