Third party claim petition in partition suit
M Satyanarayana
(Querist) 23 April 2013
This query is : Resolved
Sir,
I am the party in Partition suit and contested from the date of filing the partition suit. Now the suit is applied for final degree. The other party/defendant has filed false unregistered relinquishment deed after preliminary decree which was denied. Now again she is going to file a false third party claim in the partition suit to prolong the final decree proceedings. Whether the third party claim after false relinquishment deed by co sharer in the partition suit is maintainable in the law.
Please confirm whether the suit for third party claim at this stage of final decree is maintainable or there will be a separate suit.
Thanking you,
MSN
Raj Kumar Makkad
(Expert) 23 April 2013
The third party interest by the party to the suit is not maintainable especially when the same was not brought out to the file during the entire proceeding, however, the third party cannot be restrained to become party in the same suit and put its own version.
R.K Nanda
(Expert) 23 April 2013
maintainable but u file ur objections.
Sailesh Kumar Shah
(Expert) 23 April 2013
the suit for third party claim at this stage of final decree is maintainable or not, it depends upon facts of the case. file objection before the court.
Raj Kumar Makkad
(Expert) 23 April 2013
The party to the suit cannot raise such objection but third party can definitely intervene.
