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Last Updated On 16-Sep-2024
Civil

One of The defendents Not Presenting in court

Dear sir My 2 uncle's(Defendents)without informing my Mother(Petitioner) and my aunty (Defendent), they did partition of the property, when it's come to know to us my mother filed Partition suit in JMFC court. My aunt is not interested in Taking partition and she and her advocate not coming to court and not filed Any objection etc... My uncle's filed objection by fake claiming They already given amount instead of property to 2 sisters.But their claim is not True. Now if My aunt (defendent) doesn't come to court will it impact On Case success?

( Mysore, Karnataka )

14-Sep-2024

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Dear Client,
Your query does not focus on any ground of partition made by your 2 uncle defendant depriving your mother. Is that partition made through a decree in a partition suit or it was done on mutual understanding? If the earlier partition was done without a decree, then that partition of the property shall stand infractuous and unenforceable under the law. Absence of your Aunt, the defendant shall not affect or impact your case and whatever order passed by the Cout, it is binding on your aunt. The objection raised by the defendant's uncle demanding the false claim of the plaintiff is required to be proved by the defendant before the Court. The final judgment passed by the Court is based on the merit of the pleadings and evidence led by the parties.
Posted On 16-Sep-2024
S. K. Dutta Advocate S. K. Dutta
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