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Prasanna Simha (Advocate)     14 October 2019

Decree in partition suit

Hi... In a partition suit, the decree is drawn as the plaintiff is entitled for 1/5th share and nothing is expressed about the remaining 4 defendants share. Can anyone of the defendant go for Final Decree Proceedings?


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 4 Replies

Real Soul.... (LEGAL)     14 October 2019

The decree should define the partition  in meets and bounds so that while executing the decree the the partition and delivery of posseion my not face any ambiguity.

It is better to get final ddecree properly drawn with specifiied shares for each of the partners. If the partition is not decreed  in meets and bounds it can be challlenged very easily.

 

Prasanna Simha (Advocate)     14 October 2019

Thank you, sir.... forgot to mention that it is a preliminary decree. I'm for the D3 in the original suit. unfortunately, his previous advocate has not filed a counterclaim at least, can I now go for FDP filing?

Real Soul.... (LEGAL)     14 October 2019

you have been participating actively in the case ,i mean ther is no exparte then it is very diffficult to get permission/leave of court at this stage

Shashi Dhara   15 October 2019

The plaintiff will file FDP for partition and to allot the shares .

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