failing to impleade the parties
Rajesh
(Querist) 19 December 2009
This query is : Resolved
In 1993 My father filed a suit against his nephews(Two brothers) for declaration that the ancestral suit properties belong to him and for other reliefs.In the above said suit, the defendants(My father's nephews) filed a memo submitting to decree and based on that the suit has been decreed favouring my father.
In 1998 my father died.
In 2002 My father's nephews(P1 &P2) filed a partition suit over the same properties against us (D1,D2 &D3) (my mother,My brother & me)on the ground that my father got the decree by playing fraud and they also have got the equal rights over the suit properties.
In 2003 one of My father's nephew (P1) died and his legal heirs were impleaded (wife & his three daughters)as Defendants (D4,D5 ,D6&D7).
During pendency of the suit, we have entered into a compromise and the same has been reduced into writing . We submitted the Memorandum of compromise in LOK ADALAT on 11.12.2009 and based on the compromise between us, the suit is about to be decreed. In the above said suit, major sons (2 sons & now both are major) of the 2nd (P2)plaintiff were not impleaded as parties.
Both of his sons were minors by the time my father filed the previous suitIn 1998.
One of his son was major by the time P2 filed the suit in 2002.
Now bothe are major.
Legal advice needed on
1. the litigation possibilities from (His major sons as they were not impleaded as parties}them in the future.
2. If there is any possibility of litigation, whether it could be rectified?
3.If so, how?
4.A registered consent deed from them will do?
Kiran Kumar
(Expert) 19 December 2009
leaving aside the technical issues raised by you, if you have compromised the matter with few relatives then try to compromise it with all who have any interest in the property.
the kind of queries which have been raised by you are in fact technical questions of law which are required to be answered as per facts and circumstances of the case.
so in order to avoid litigation try to compromise the matter with all and the get the partition done as soon as possible.
niranjan
(Expert) 19 December 2009
A suit was decreed against P1 and P2 on their consent in favour of your father and now you say that P1 and P2 have filed suit for partition for the same property alleging fraud.Since P 1-2 had consented before the court,there cannot be question of fraud,and in my opinion the question of estoppel will come into play against P1-2 and in that case there was no question of compromise in their suit.When P1-2 filed suit,they should have impleaded their sons as party to the suit.However till the compromise is tobe done,you can ask P2 major sons tobe impleaded in the suit and make them to sign the compromise or you may get regd.consent deed out of court.
n.k.sarin
(Expert) 25 December 2009
Mr.niranjan,I agree with you.
