Validity of permission obtained under order ii rule 2
Querist :
Anonymous
(Querist) 16 January 2018
This query is : Open
My paternal Aunty (my father's younger sister) filed a partition suit in the year 2000 under Andhra Pradesh NTR Rule (NTR GOVT INITIATED THIS PROVISION OF PROPERTY RIGHT FOR WOMAN 1985 AFTER THAT THE HINDU SUCCESSION ACT WAS AMENDED IN SEPT 2005). While filing the partition suit she obtained permission from the Civil Court under Order II Rule 2 to reserve her right to file another suit for one of the joint properties which is under position of oil company. the initial suit was preliminary decreed and appeals are pending at High Court. However till date (17 years) she didn't initiate any legal proceedings against us and as well as oil company. Now, the question is what is the time frame to file another suit by my paternal aunty. We already initiated a eviction suit against oil company, whether my paternal aunty is the necessary party in the eviction suit. Please provide rule position and concerned judgments. Thanks.
J K Agrawal
(Expert) 20 January 2018
There is no limitation to file a suit for partition.
If your aunty do not file, you can do this. She and you are on same footing.
'She got permission under order 2 rule 2 CPC' which type of permission? No such permission available under order 2 rule 2. The permission as stated under this rule is something different. It does not permit to file suit again and again. If any such permission is there, it is out of wits, please contact a very able civil lawyer of your town. (This permission means you should file a suit for entire relief in single shot and should claim all the relief you require but you can postpone some relief for later stage if grant of such relief is not possible at the time of filing the suit. IN such a case the postponement is not allowed on merely sweet will of the plaintiff but there should be a genuine legal reason that why this relief is not possible on that day.) (it is my personal opinion that if there is no bar to grant relief on date of filing the suit, it is not open for plaintiff or even the Court to allow postponement of any relief for later stage. Such a relief should be deemed to be abandoned and the Court has no power to postpone the right to relief without any proper and sound reason.)
Querist :
Anonymous
(Querist) 20 January 2018
My paternal Aunty filed petition U/o 2 Rule 2 of CPC as stated "The petitioner prays that the Hon'ble court may be pleased to permit the petitioner to reserve her right to file another suit for partition in respect of the property which is in the occupation of the Oil Company after evicting them due process of law" . The Judge given one sentence "PERMITTED" and separate order was not given in the year 2000.
