Partition Suit

Siddique (Querist) 04 March 2011 This query is : Resolved
Sir, after filling a partition suit,we applied and submitted a mutual agreed settlement in the Hon Court.But after that we lost interest and the case was dismissed due to default on 3/2/2000.and the records destroyed
I would like to know whether the partition is valid or not

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Devajyoti Barman (Expert) 04 March 2011
If the sue has got dismissed for default before it passed the decree on the basis of compromise petition then definitely no partition has taken place. File a fresh suit.

adv. rajeev ( rajoo ) (Expert) 04 March 2011
You can get restore the dismissed suit by filing a miscellaneous case.

Chanchal Nag Chowdhury (Expert) 04 March 2011
The Deed of Partition is compulsorily registrable.So,U can always go for Mutual Partition & no interference from court is required.

Dayananda Gowda (Expert) 04 March 2011
i agree with experts

Raj Kumar Makkad (Expert) 04 March 2011
As asked by you: No partition in record has taken place by way of court verdict in the given circumstances.

a.manoharan (Expert) 05 March 2011
As the case was dismissed due to default on 3/2/2000 , file restoration petition with condonation of delay excuse petition still all of u have same intention. or else, go for registered partition deed. no place for destroyed in HC.

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