Partition of Property
P.K.Haridasan
(Querist) 26 November 2009
This query is : Resolved
Dear friends
A filed a partition suit before a Subordinate Judge making B to G are defendants. Some of the parties from the defendant array appeared, B, as he was in Gulf could not contest or make arrangements to defend. Court made him exparte. Later on the Plaintiff and the contesting defendants also not pressed the suit. The suit was dismissed by the court. Can A now file a suit in the very same relief in the same Subordiate Court. If not what is the remedy available for A ?
Devajyoti Barman
(Expert) 26 November 2009
Since the cause of action in the partition suit is a continuing one either the same plaintiff or any of the defendants can file the same suit on the self-same cause of action in the court having territorial jurisdiction over the suit property.
P.K.Haridasan
(Querist) 28 November 2009
thank you Mr. D Burman for your kind opinion
