Order 1 rule 10 implead in the partition suit
M Satyanarayana
(Querist) 28 March 2014
This query is : Resolved
Sir,
I am plaintiff in a partition suit and other person is a defendant in the partition suit. In meanwhile somebody is claiming the ownership of entire property before filing of partition suit and prayed it cannot be partitioned and further prayed for impleadment in the suit.
The other party pleader has filed only affidavit without producing any document and demanding before the judge why counter has not been filed. When the claim of the party is not supported by any document how can court ask for counter for such affidavits. For each affidavit there must be compulsorily a counter to be filed when the other party is supposed to file document.
Please kindly advise.
MSN
Devajyoti Barman
(Expert) 28 March 2014
If no supporting proof is filed then application u/o 1 r 10 is likely to be dismissed.
