Non joinder of necessary parties

Narendra (Querist) 23 February 2012 This query is : Resolved

Sir/Madam

I have my friend's suit in court. In that he is defendant. The suit has non joinder of necessary properties. I require case law in support of non joinder of necessary properties. I have got plenty of case laws on non joinder of necessary parties but not for properties. Plz can any one help me

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prabhakar singh (Expert) 23 February 2012
You have talked too much but have not told about the relief claimed in the suit.

If the suit is for partition and all the properties have not been sought to be partitioned,only then the suit is bad for partial partition.

Narendra (Querist) 24 February 2012
Yes the suit is for partition

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