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Mohan Patil (Research)     13 December 2012

Partition suit withdrawal

I have filed partition suit because all my sisters told me they will give their share to me. Now they are not giving. I told my lawyer to withdraw the suit to bring fresh suit but my lawyer is taking dates asking me to try again with my sisters. My sisters know my lawyer. Can my sisters come to court and give evidence without my knowledge? I am a plentiff but stay 400km away from the court. Based on my sisters evidence can court give decree? without asking me? Please advise.

 3 Replies

ankur tripathi (Asst Manager)     13 December 2012

How can u file a case for this it's there wish whether to give it or nt.

Mohan Patil (Research)     13 December 2012

Dear Ankur Tripathi,

My question is whether my sisters who are defendentds go to court and give evidence without my knowledge. I am staying far away from court area and I cannot go to court everyday. A court date can be taken by defendants also. My lawyers can take money from defendants and hide what is happening in the court. As a defandents I have the right to withdraw the suit if partition at this moment is not in my favor or I don't want partition now. I may want partition at a later date. Can you have please advise me legally. 


First and for formost you must clear whether you are plaintiff or defendant (you mention yourself plaintiff in first one and defeand in second massage) and tell us what is the full history of the case?

Second No one can file a partition case on any one else behalf.

Thirdly your sisters are free to give or not to give the property to you and a put-up can be happen before the date of the case.

Finally I am amazed how the case is been accepted on the ground you mentioned in querry.

Please cross check your lawyer might be making you fool.

best of luck.

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