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Satish (Student)     30 December 2014

Need clarification on order 6, rule 17 of cpc

My Mother filed an Original Suit (O.S) in Bangalore (Year 2008 and still in Issues stage now) for share in Ancestral Property. She is having 3 brother and 20 acres of ancestral land from Great Grandfather. She filed a suit against 2 brothers who are having 15 acres of land and also mentioned in O.S that the other brother got 5 acres land through a release deed (his father and 2 brothers released in 1978) and he is not a necessary party of the suit in the plaintiff filed in year 2008.

1. Now can we change/modify the suit by including the other brother who is having 5 acres of land into this suit?

Also give me a detailed explanation on how can we include the other brother who is having 5 acres of land. I need your help for this particular question in details and different ways.

Important: My mother had already mentioned in O.S that the other brother got land through a release deed and he is not a necessary party of the suit in the plaintiff filed in year 2008. Is it possible to modify the plaint now by way of filing the petition for amendment of pleadings (Case filed in year 2008 and still in Issues stage now).



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