party as HUF in partition suit

surjit singh (Querist) 26 July 2015 This query is : Resolved
In an earlier partation suit which was dismissed on 1998 for non prosecution the karta of the family was not made as a separate pkitow in new partition suit we are making the karta as a party as HUF as well as individually. In the earlier suit there were some agricultural plot which were left out and some were wrongly mentioned because all the documents at that time was with karta.
Now in the new partition suit we are making the karta as a seperate party as HUF as well as individually. Since 1988 we are having seperate kitchen. Most of the land documents are still with karta i.e. eldest brother of my father, but we are now able to procure the correct plot numbers.
My query is (1) whether making karta of that time as party in new suit will affect the new partition suit?
(2) Since there will be difference in plots number in the schedule as compare to the earlier suit. Will it affect the suit.

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Chanchal Nag Chowdhury (Expert) 27 July 2015
1) No. This is a new suit.
2) No. Provided U can tally the old Nos. with the new.

Rajendra K Goyal (Expert) 27 July 2015
Repeated query:

http://www.lawyersclubindia.com/experts/party-as-HUF-in-partition-suit-550126.asp

surjit singh (Querist) 27 July 2015
Mr Goyal, it was repeated because the word party was inadvertantly spelt as pkitow at one place. Thanks

Rudrawar Narayanreddy (Expert) 28 July 2015
repeated query

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