Misjoinder in partition and injunction case
4 years ago
What should a misjoinder defendant do in a partition and injunction related to a disputed landownership summons and case?
Should he stay behind the actual defendant silent?
Or, Should he sent a separate reply as a misjoinder to the court summons ?
A.Dear Sir,
Without going through all the details your question cannot be answered. In a partition suit all the parties that is legal heirs must present before the Court as parties.
Without going through all the details your question cannot be answered. In a partition suit all the parties that is legal heirs must present before the Court as parties.
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Chitra Sundar
Responded 4 years ago
A.You may either file a reply mentioning that you are a mis-joined defendant or file a petition to reject the plaint only in so far as your role is concerned. It is better to raise these issues at the earliest, as remaining silent sometimes leads to adverse orders also.
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Neeraj Kumar
Responded 4 years ago
A.Next date of the case **
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Neeraj Kumar
Responded 4 years ago
A.Yes, the misjoinder defendant can file a separate suit or may directly contest on the next of the case. (with an advocate).
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