Partition Suit

3 years ago

1) I (Grandson) had filed a suit of Partition (in the year 1999, property created by my Grandfather), at the time of filing my Father was alive, but the lower court has given judgement (in 2003) and framed six points, of which two were against (adverse possession and partial partition). 2) Filed first appeal in DJ Court, judgement was pronounced (in 2013) in which those two points remain as it is, also during the proceeding of Ist Appeal my Father died in 2009. 3) Filed second appeal in HC in the year 2014,during hearing HC struck down the two against points (1. Adverse Possession and 2. Partial Partition) but the Judge raised a technical point that \\\"I (Grandson)\\\" was having no right to file partition suit in the year 1999 as my father was alive at that time, this right rest only with my father (as per Hindu Succession act section 8&9), but the respondents had never pressed this (technical deficiency) error in any court during the 19 year of trial period, it was highlighted by HC judge (in 2018). Case still pending, please help - do I have to again file fresh suit or this case can be taken up/pressed to be heard on merit as during the trial I have become the rightful person (after my father death in 2009) for partition suit filing. Any precedent ?