My father have 2 brothers and 5 sisters. My father filed suit against his brother and sister for undivided agricultural land and asking his share of 1/8. Issues also framed and it is moved in the stage of TRAIL.
I have doubt because my father’s sisters are married before the years of 1989. As per Hindu succession Act 1989 (Tamilnadu Amendment Act) they have no rights against the suit (Ancestrol) property.
Hence I asked some information to The principal district judge, City Civil Court , Chennai through Right to information Act 2005. He also replied Still the Tamilnadu amendment Act 1989 is Applicable to Tamilnadu and Hindu succession Amendment Act 2005 not abolished Tamilnadu amendment Act 1989.
Further we approached my lawyer discussed above the said provisions. We request to Remove the 5 defendant names in Plaint filed under order 7 rules 1 to 6 and section 151 of C.P.C. They are deny our obligations and they guide me withdraw my Existing suit after that you will file new suit.
My question is
There is NO provisions for removing defendant name in plaint filed under order 7 Rules 1 to 6 and Section 151 of C.P.C?
If any provisions are available please kindly tell the procedure for the above said situation.
Sir i dont know the correct meaning of u/o 22 rule 4 of CPC. I think it is applicable for only if the defendants are deseaed or death,. In my case The 5 persons are still alive and good health persons only. so we have not file any thing.