Suit for partition

Querist : Anonymous (Querist) 19 October 2011 This query is : Resolved
My father and mother died in 1988 and 2000 respectively. They had some properties in Delhi, Punjab, Haryana.

Due to some dispute among the legal heirs, none of the properties of the parents have been mutated in the name of any of the 4 legal heirs till date.

My brother filed a suit for partition in Delhi High court in the year 2003 covering only one property located in delhi, which was dismissed in default in 2007 and was never restored.
The same brother in the year 2004 filed another case for partition in a Haryana court for another property situated in Haryana.

Are both the partition suits maintainable?

Should'nt there be a single suit for partition covering all the properties belonging to the family filed in one of the courts of jurisdiction?

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adv. rajeev ( rajoo ) (Expert) 19 October 2011
When suit is filed claiming share in only one property without adding other properties amounts to suit is bad. You can take this defense and contest the case. Even you can also file an application for adding the properties which are situated out of the present court jurisdiction.

Querist : Anonymous (Querist) 19 October 2011
Mr Rajeev, can u tell me under which section of CPC your reply falls?

niranjan (Expert) 19 October 2011
Order 2 rule 2

Querist : Anonymous (Querist) 20 October 2011
Thanks for the help.

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