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can a fresh partition suit after final decree is abated
18-Feb-2025 (In Property Law)
all the parties died one after the other in Final Decree (abated) Plaintiff of partition suit died during Final Decree, no Substitution and F.D abated. Can a fresh suit for partition by othe legal Heir be filed ?
In a partition suit, the death of the plaintiff does not cause the suit to automatically end (abate) in its entirety.
Regarding the filing of a fresh suit for partition by another legal heir:
1.A suit for partition can prevent a new suit for partition
2.The right to continue a partition suit after the death of the plaintiff typically devolves to a co-parcener, not necessarily to every heir, such as a widow.
3.All interested parties in a partition suit are considered plaintiffs.
If the right to sue survives, the suit does not abate due to the death of a party. Order 22 Rule 1 of the CPC (Code of Civil Procedure) specifies that a suit does not abate on account of the death of either party if the right to sue survives. An application for substitution can be made by the legal representative of the deceased plaintiff before abatement under Order 22 Rule 3.
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