Partiitiion suit

basavaraj shiromani (Querist) 09 June 2012 This query is : Resolved
A was filed a suit for partition and separate possession against B,C and D. The suit came to be dismissed on the strength of properties absolutely beings to father of B,C and D. A - preferred an appeal against the said dismissal. During the pendency of this appeal C and D filed a separate suit for partition and separate possession against B.

During pendency of appeal, secound suit is maintainable ?

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niranjan (Expert) 09 June 2012
Who is A ? What is the nature of the property ?Why A is not joined as party in the subsequent suit? If I try to reply your question, I can simply say that there could be resjudicata to subsequent suit,however,it depends on facts not disclosed here.

Shonee Kapoor (Expert) 20 June 2012
Unless the nature of the property is known, nothing can be said.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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