Order 2 rule 2 cpc / resjudicata
Mohamed Ali
(Querist) 14 April 2017
This query is : Resolved
Dear All,
A Muslim partition suit was decreed in 1980, with particular shares declared for plaintiffs and defedants, it had 2 types of properties town and revenue,Final decree proceedings were filed, for town properties a muncipal commisioner was appointed to divide it by metes and bound as per decree and the parties accepted the commisioner report and execution proceeding were completed and parties were put in possession of their share in 1993 and town properties were finally settled once for all and the Khata is also in joint names of heirs of decree holders, many parties sold the properties alloted to their share,but for the other part of decree with respect to revenue properties the FDP is still pending.
In case of one of the decree holder there was a dispute regarding sharing of town properties among the legal heirs of deceased ancestor, they filed an application the FDP court, but court refused to decide the application saying fdp court will not decide about share of decree holders heirs,
hence parties filed a separate suit for interse partition of legal heirs of deceased ancestor(decree holder) by including only town properties in schedule which have attained finality in 1993, as the other part of decree for revenue properties have not yet attained finality and the parties are yet to be put in possesion..
Does suit is bar by Order 2 rule cpc and
if in future plaintiffs have to file one more suit, after revenue properties were settled finally to divide them, will that suit will attract resjudicata.
Order 2 rule 2 CPC will not come in way of partition suit as parties are not intentionally leaving the revenue properties from plaint as they are not yet settled finally
Thanks and Regards
R.K Nanda
(Expert) 15 April 2017
matter complicated and thus take help of local lawyer.
Rajendra K Goyal
(Expert) 15 April 2017
Without knowing full material facts / case details / related documents, nothing useful can be advised. Discuss with local lawyer.
Kumar Doab
(Expert) 15 April 2017
Vistaar poorvak adhayan ke pashchaat hi uchit sujhaav sambhav hai.
Aaake Vakil Sahab se mile or gahan charchaa karain.
Dr J C Vashista
(Expert) 16 April 2017
Provision of order II Rule 2 CPC do not attract in the given circumstances.
Move an application to the court which has passed the decree for partition of revenue property, which is yet to be partitioned.
Discuss with some local prudent lawyer since there are few technical issues involved in your query which can be analysed and guided after going through records of the case file.
Mohamed Ali
(Querist) 19 April 2017
Thanks Dr JC Vashista, you have understand my query..
It is very simple share declared,as per decree, town properties already divided and are in joint possession and revenue properties still pending.. Since town properties were in joint possession from 20 years and there is a dispute between Lr's of decree that who are entitle to succeed as sharers and who as residuaries,
seperate suit is being filed only against town properties to declare their share and put in seperatepossession.
Thanks and Regrds
Ali.
