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Preliminary Decree passed in the partition suit regarding


16-Nov-2023 (In Civil Law)
Sir I own 3 out of 5 uds share in land and building as an individual sale deed. The balance 2 out of 5 uds shares are owned by the private limited company. The company has lost the case against me in the suit for possession and the high court directed the company to file the suit for partition in the same suit to claim their part of shares. In the mean while the director of the company passed away without living any will. The 3 legal heirs of the company director filed a separate suit for partition in new suit within their legal heirs and excluding my self or without my knowledge. In their colluded suit the legal heirs got preliminary decree saying that all the 3 legal heirs got equal shares. Now the advocate commissioner was appointed to give them separate possession. Now I know about the colluded suit ignoring my share and trying to get possession. How to stop.. its company property how individuals in family can claim.. should I impleed in their case or separate suit to stay
Answers (2)

Answer #1
696 votes
When a suit is filed in the court, the counsel or even the party on whose insistence the suit is filed may not know all the parties involved in the suit. As such, relief cannot be claimed without joining the other affected parties as a plaintiff or defendant (as the case may be). The object underlying this provision i.e Order 1 Rule 10 of the CPC, is to save honest litigants, believing bonafide in the maintainability of their claims, being thrown out on a mere technical ground that the required person(s) were not impleaded in the suit. It is Order 1 of the Code of Civil Procedure, which deals with parties to the suit. Order 1 Rule 10 of the Code of Civil Procedure (hereinafter referred to as CPC) enables the court to add or substitute Any person as a party at any stage of the proceedings The person whose presence before the court is necessary in order to enable the court effectively and completely adjudicate upon and settle all the questions involved in the suit
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Advocate Raghuraman Balaji

Adv. Raghuraman Balaji

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Answer #2
707 votes
if the company is a private company, the legal heirs of the director can file a suit for partition..if it is ex partee decree without your knowledge, you can file a petition to set aside the said ex partee decree before the court concerned. if it is in the execution proceeding, you can appear through the advocate by impleading you as a necessary party to the suit..
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Advocate Mohamed Kassim

Adv. Mohamed Kassim

LawRatoChennai | 25+ Answers
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