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Can the Partition suit be challenged after decree?
03-Aug-2023 (In Civil Law)
My father was the plaintiff in partition suit against my two uncle. In that case the schedule of property was 20 khattas in the described plaint. But the 4 kattas was sold jointly by my father and one uncle before 17 years from earlier of partition suit.so the physically total property is 16 kattas. But that was not mentioned in that case. Similarly the defendant did not arise this issue as he had the knowledge of sale.during the pendency of the suit both of my father and uncle passed away.after that me and my cousin are substitute plaintiffs and defendant respectively. I also mistakely not mentioned the sale details in that case..repeatedly the next deffendent does not arise the issu..after all of this I got expartee preliminary decree over 20 katthas and got appointment of advocate commissioner.the advocate commissioner has confirmed his report before court on 16 kathhas.1)now the deffendent can arise this issue?2)the commissioner report may be canceled 3) thecase maybe dismissed?
Please examine at any stage whether suppression of fact did occur in course of legal proceedings.No excuse is sufficient for keeping the court of law in dark about any material fact.On being satisfied of the above position by yourself​ , proceed further in the matter.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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Can we challenge partition suit?
The petitioners primary argument against the order of trial court is that a decree for partition was issued, a preliminary decree passed and also a final decree. Therefore, there was no need to file the suit again. According to the plaint allegations itself, the case was settled.
What is the limitation of partition suit?
The Limitation Act states that a partition suit must be filed within 12 years of the date the plaintiff claimed the property. For ancestral properties, the limitation period for partition suits is also 12 years.
What is the burden of proof in a partition suit?
The burden of proof falls on the person who claims property as family joint property. When a male heir files a suit for partition, the right of female heirs is triggered. The party claiming Benami must prove it.
What is the latest Judgement on partition suit?
The Supreme Court of India ruled in a landmark decision that every party interested is considered a plaintiff in a lawsuit for the partition of joint property. Each co-sharer is entitled to bring a suit for partition and no co-sharer may prevent the other from doing so. 10-Oct-2023
Dear cleint,
As per the details provided by you I would like to suggest that as the schedule of suit property is not correct then the suit is liable to be dismissed as the same being partition suit and you cannot entangle anybody else property in your suit and the decree passed upon such incorrect description of suit property cannot be executed.
Yes the defendant can raise this issue but he has to prove that it was not in their knowledge at the time of filling the written statement.
yes the Commissioner report can be cancelled .
yes the suit can be dismissed for suppression of facts and incorrect description of the suit property at best you can ask for the amendment of you plaint pertaining to description of the suit property.
As per the details provided by you I would like to suggest that as the schedule of suit property is not correct then the suit is liable to be dismissed as the same being partition suit and you cannot entangle anybody else property in your suit and the decree passed upon such incorrect description of suit property cannot be executed.
Yes the defendant can raise this issue but he has to prove that it was not in their knowledge at the time of filling the written statement.
yes the Commissioner report can be cancelled .
yes the suit can be dismissed for suppression of facts and incorrect description of the suit property at best you can ask for the amendment of you plaint pertaining to description of the suit property.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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Yes it can be dismissed as the schedule is vague one. Now you can amend the plaint according to order 6 Rule 17 read with section 151 CPC. If the judge allowed the petition then you can file the amended plaint. For further details you may take advice from your Learner Advocate.
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Adv. Diptiman Pal
Barasat | 200+ Answers
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Code of Civil Procedure The Code of Civil Procedure is a procedural statute that governs civil proceedings in India. Civil Procedure Code, 1908. Imperial Legislative Council of India Long title. An Act to consolidate, amend and update the laws that govern the civil courts. https://en.wikip
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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