Final Decree Proceedings..
Mohamed Ali
(Querist) 06 December 2008
This query is : Resolved
A partition suit was decreed, My grandmother was 3rd plaintiff, she got 1/17th share in the suit.
while filing the petition for Final Decree Proceedings, they have mistakenly brought on record's LR's who are not entitle for share in 3rd plaintiffs share along with other LR's which we did not object at the time of filing.
We want to stike out this LR's who are not etitle for share, Our advocate says it cannot be done in Final decree proceedings as it is not in scope of Final decree proceedings to delete LR's as it is only to divide the share as per Decree ,first we need to get final decree excuted and then we can file a seperate suit to say these LR's are not entitle for share,
consulted with other advocates they say Final decree proceedings is nothing but continuation of orginal suit it is like Original suit ,hence these LR's can be removed in Final decree proceedings itself using Order 1 rule 10(2) CPC.
Question: Can these Lr's be removed in Final decree proceedinds itself ?
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our Interlocutary Application pending in Final decree proceedings.
anantha krishna n.v. Advocate
(Expert) 11 December 2008
when is the suit decreed?
When was the final decre application filed?
anyway, you said taht the above situation arise in an I.A. in final decree proceedings. As you have already filed an IA for deletion of some name, let the court pass orders on your application.
You may not approach a different forum when this appliation was pending.
