ASHOK KULKARNI 22 January 2023
Dr J C Vashista (Advocate) 22 January 2023
The court shall proceed ex-parte against such defendant.
What is your concern / problem / locus standi qua facts vis-a-vis query ?
Is it a real issue of time pass question paper ?
Shashi Dhara 22 January 2023
If he is also entitled for share the court will allot his share even he is ex -parte ,his legal share is not denied .
Advocate Bhartesh goyal (advocate) 22 January 2023
In a partition suit plaintiff and defendants have equal status and have shares and rights so if defendeant no 2 does not appear in court then court may pas ex-parte order against him but can't deprive him to get his share and rights in property.
Dr J C Vashista (Advocate) 24 January 2023
@ Ashok Kulkarni,
You did not disclose your concern / locus standi with the suit i.e., whether you are plaintiff or defendant No 1 or third party to the suit property, accordingly opinion and advise may change as per your relation.
If you are a litigant it would be appropriate to consult the lawyer engaged / paid by you since s/he is well aware about facts and circumstances of the case and an able, competent and intelligent enough besides duty bound to satisfy your question(s).
ASHOK KULKARNI 28 January 2023
If case is in favour of defendant No.1 , decree in favour of defendant No.1