Order 2 rule 2 of cpc
Mohamed Ali
(Querist) 29 February 2016
This query is : Resolved
Dear All
Brief description: We are Sunni Muslim family, our partition suit pending from 1960, It was preliminary decree in 1975, later FDP proceedings started in 1980, It had 2 types of properties town and revenue, for both properties separate Commissioners were appointed by court,
for town properties the commissioner submitted the report and it was accepted by all parties, the parties are in joint possesion of town properties from 1995,
but for other part of decree related to revenue properties the FDP came to be closed in 2012 but due to some errors in commissioner report it is being challenged in Appeal.
Query: One of the decree holder who died in 1992, her legal heirs who are having town properties in joint possession from 1995 they want to divide those among themselves,since there is dispute among themselves, at first they raised their objection in the pending FDP proceedings for revenue properties but the the FDP court rejected the plea stating that decree holders legal heirs shares will not be decided by this FDP court,
hence they have filed a seperate partition suit for town properties only, but the trial court on the basis of Order 2 rule 2 cpc without doing any evidence on Issues dismissed the Suit stating the FDP is still pending for revenue properties you raise your plea their.
Since the town properties already settled in 1995 and no where in question and also the municipal khata of town properties is also in joint possession and even they have sold one of the town properties jointly alloted to their share, whether the partition suit attracts Order 2 rule 2 CPC as the FDP is only pending for revenue properties now and town properties settled long back in 1995.
Thanks and Regards
Ali
P. Venu
(Expert) 01 March 2016
The query requires professional consultation.
Rajendra K Goyal
(Expert) 01 March 2016
Consult some senior lawyer, show him fuu case file. There may be > 5 Kg. of papers, and all has to be referred.
