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partition suit

(Querist) 03 July 2011 This query is : Resolved 
hello sir ,

i would like to know is there any provision in Indian law plaintiff can become defendant in civil partition suit ?

example : 4 brothers are enter in to the court for partion of there respected share 1,2,3 are plaintiff they filed suit against 4 one after the judgement passed for 1/3 ( because during the pend ency of suit NO 1 died ) can No 2 become defendant in the same suit ? who were intially was the plaintiff?

if so under which section and procedure to be know .

best regards
anil g rao
R.Ramachandran (Expert) 03 July 2011
See Order 23, Rule 1A of CPC.
Gulshan Tanwar (Expert) 03 July 2011
It is better to make the party as defendant instead of plaintiff.


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