Partition suit was disposed after preliminary decree
sanjayporiya
(Querist) 09 June 2015
This query is : Resolved
in the TALUKA COURT JODIYA (Dist. JAMNAGAR; State GUJARAT)
A partition suit for inherited/ancestral
property(revenue payable agricultural land)
In the suit, all necessary parties were not made parties.
the suit was disposed after ex-part preliminary decree in fever of plaintiff in 1997. plaintiff execute preliminary by applying to talati-kum-mantry
separate card(ie.7/12, 8/a) of the land was made in fever of plaintiff by talati cum mantri
After 3 years in 2000 plaintiff file an application for final decree and possession
Court trite that application as miscellaneous civil application and given a new separately mis. civil appli. number
A necessary party apply to join in mis. civil application in 2013
court passed an order to join that party as defendant
here questions are as follow :
-Can court dispose partition suit after preliminary decree or it is a mistake of court?
- if it is mistake of court then that can be corrected?
-Newly join party, can apply for restore/re-continue the main RCS?
- Talati-kum-mantry has power to make separate card -pls. see section 54 of cpc
I appear in behalf of the newly join party(In mis. civil application), can I gate on-line guidance?
R.K Nanda
(Expert) 10 June 2015
case complicated and thus go for click to talk option.
Dr J C Vashista
(Expert) 11 June 2015
Discuss the matter with a local prudent lawyer/Sh. R K Nanda an expert on the subject with all relevant case file/record and documents.
