Final decree proceedings
Sanjeevappa. L
(Querist) 28 January 2011
This query is : Resolved
In final decree proceedings can sons of predeceased females be impleaded when in original suit the females were not parties and the said females died in the year 2003. What is the legal position in Karnataka State in aforesaid situation.
basavaraj shiromani
(Expert) 11 August 2018
final decree is a continuation of the preliminary decree therefore it cannot be said that the suit reached the finality. if the necessary parties are not impleaded in a preliminary decree, then they must be allowed. Please refer Madrass HC S.Pitchai V/s Ponnammal, Nagappa MallappaPatil V/s Mahadev Mallappa patil Aswathamma V/s M.M.Vijayaraghava