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Author Topic: deleting defendants from partition suit order 1 rule 10(2) (540)  (Read 222 times)

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Offline kashvi

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I filed declaratory suit in respect of mother's Will, in which there were 12 defendants all legatees in the Will. WS by main 7 defendants on the ground of Will and replication by me were filed. Later suit was converted into partition suit by court order.

There remained 2 defendants, both class I heirs, my sister and brother. WS and replication were filed. I want to delete rest 10 defendants. 7 defendants, including 1 legal heir have objection. Other legal heir is mentally infirm and my application under order 32 rule 15 is pending.

How to defend the application and whether I have to give notice of application to all defendants.

Offline adv.amarnath

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Re: deleting defendants from partition suit order 1 rule 10(2) (540)
« Reply #1 on: March 25, 2017, 11:04:54 AM »
YOu cannot convert a declaratory suit into a partition suit. If court allows such conversion then court has passed a wrong order. You must withdraw the instant suit and file afresh partition suit with proper parties. It may cause loss of time but you will get ultimate relief. It is better to get relief lately from getting your suit dismissed/ an infractuous order
Regards,

Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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