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How to get partition suit dismissed
12-Jul-2023 (In Property Law)
My uncle has filed a partition suit against my mother and we three brothers for partition of self-acquired property of my father. I lost my father in 2005 and he filed the suit in December 2010 claiming that all property was purchased from joint fund. There are five properties purchased via registered sale deeds, out of which 2 are in the name of my mother and three in the name of my father. We have been paying all the taxes and revenues till date. He is just harrasing us and now it has been almost 7 years and he died after 2 years i.e. 2013 of filing the suit. Now, his sons are handling the case who were as plaintiffs in the suit. At this point in time, the case is going through first evidence crossing (gawahi). is any law to dismiss the suit as I am not able to have faith in my lawyer?
recovery of money.you can also file a civil suit with the provisions of special Relief act.
You can file a recovery suit in this regard
Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit. Broadly it states as under:
Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.
Rule 2 requires an Order 37 Suit to contain among others, a specific averment that the Suit is filed under this Order and no relief which does not fall within the ambit of this Rule is claimed.
You can file a recovery suit in this regard
Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit. Broadly it states as under:
Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.
Rule 2 requires an Order 37 Suit to contain among others, a specific averment that the Suit is filed under this Order and no relief which does not fall within the ambit of this Rule is claimed.
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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
What are the limitations of partition suit?
In India, the limitation period for a suit relating to partition is 12 years. This starts from the date the right to sue was acquired.
What happens when suit is dismissed?
The plaintiff can file a restoration request for the setting aside of dismissal under Order 9 rule 9 if the suit is dismissed due to default. This must be done by showing sufficient reason for the non-appearance at the hearing. 22 Feb 2023
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