Delay of my partition suit by my lawyer.

576 votes

time limitation for w/s is 90 days after receiving summons. although 30 days may be extended for this. total 120 days. after 120 days court may pass exparte. if any advocate die, bar association may declare pen down for this day. no advocate will go against bar association.

Advocate Rajkumar Biswas LawRato

740 votes

If written statement is not filed within stipulated period then the suit must proceed ex-parte against your brother. It is true that civil matters take time. you have mentioned that on that day one Ld. Advocate has passed away, then it is unfortunate. We, advocates follow pen down if any of our colleague leaves for his heavenly abode. However, you have also mentioned that one and a half year has passed since filing of the suit, it is quite good time to complete the pleading. Discuss with your Ld. Advocate.

Advocate Ritam Banerjee LawRato

606 votes

You can take a NOC from your lawyer and changer your lawyer. That is the best thing you can do.if the exparte hearing continues then you will be in huge loss. So my opinion is that you may change your lawyer as soon as possible. And also file the written statement to the soonest. Here is the gist of procedure of partition suit 1️⃣ Filing of Plaint • Draft a plaint (petition) mentioning: • Description of the joint property (with survey numbers, boundaries, etc.) • Relationship of parties (how the plaintiff and defendants are co-owners/legal heirs) • Share claimed by the plaintiff. • Prayer for partition and possession. • Affix appropriate Court Fees as per the value of the plaintiff’s share in the property (West Bengal court fee chart I can help you with too if needed). ⸻ 2️⃣ Issue of Summons • Court issues summons to the defendants. • Defendants appear and file their Written Statement (defence). ⸻ 3️⃣ Framing of Issues • Court frames the issues like: • Whether the plaintiff is entitled to partition? • What is the share of each party? • Whether the suit property is joint family property or self-acquired property? ⸻ 4️⃣ Evidence Stage • Parties file documents (property records, legal heir certificates, wills if any). • Witness examination: • Examination-in-chief (affidavit) • Cross-examination • Re-examination ⸻ 5️⃣ Preliminary Decree • If court finds the property is joint and parties are entitled to their share — it passes a Preliminary Decree declaring the share of each party. • Partition Commissioner may be appointed to physically divide the property. ⸻ 6️⃣ Final Decree • After the Commissioner’s report (who visits, measures, and values the property), court passes a Final Decree effecting actual partition: • Either by metes and bounds (physical division) • Or by sale of property and distribution of sale proceeds if division isn’t possible. . . .

Advocate Anish Gurung LawRato