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Can partition suit be challenged after decree?


25-Jul-2024 (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 issues in partition suit? 2)the commissioner report may be canceled 3) thecase maybe dismissed?
Answers (3)

Answer #1
622 votes
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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Answer #2
984 votes
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.
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Answer #3
647 votes
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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