Rights of coparceners in partition suite

Ravinder reddy K (Querist) 07 February 2013 This query is : Resolved
Hi,

Please let me know whether the partition suite can be withdrwan voluntarily by the Plaintiff/Applicant irrespective of consent of other defidants/respondents.

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R.K Nanda (Expert) 07 February 2013
yes, it can be withdrawn.

Ramesh (Expert) 11 February 2013
In a partition suit the defendants have the same right for partition as the plaintiff, therefore the plaintiff does not have an absolute right to withdraw the suit.The defendants must be given an opportunity if any of them chose to be transposed as plaintiff and continue the suit against others, including the plaintiff as well by making him a defendant, for the claim for partition.

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