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B.Jayakar Benjamin (Member)     16 August 2012

Adding of party after passing of preliminary decree

Dear Sir, I obtained a preliminary decree in a partition suit against 9 defendants. Then I filed a petition for appointment of commissioner to divide the property and estimate the mesne profits. At this time, one of the dfendants died. Is it compulsory for me to add it's LRs in the petition or Can I proceed against othe defendants by getting dismissal of the petition against the said deceased defendant? Please discuss it.



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 2 Replies

N.K.Assumi (Advocate)     16 August 2012

Lrs of the deceased should be brought on records for devolving deceased share in the property.

SACHIN AGARWAL (ADVOCATE)     16 August 2012

Yes. It is necesary to bring teh LRs of the deceased on record.


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