Final decree

Sanjeevappa. L (Querist) 30 January 2011 This query is : Resolved
Facts of the case :one plaintiff filed suit against 4 defendants for partition. 2nd defendant placed exparte and other defendants have contested the suit. suit decreed. neither plaintiff nor other defendants have filed fina decree petition. can the 2nd defendant who placed exparte file final decree petition ?

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s.subramanian (Expert) 31 January 2011
Yes. He can do so. In a partition suit all are presumed in law to be plaintiffs. Even an exparte defendant can file final decree petition.

Amit Minocha (Expert) 31 January 2011
yes he can do so

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