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ASHOK KULKARNI   22 January 2023

partition suit

Partition suit filed by plantiff against defendant Number 1 & 2 , Defendant number 1 appointed Advocate and fight the case, but defendant Number 2 is not appointed Advocate and not fighting the case,  what action can take by court against defendant number 2 ?


 6 Replies

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 ?

ASHOK KULKARNI   22 January 2023

Real issue , is it required to press the court for ex-parte?

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 

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