kiran 16 March 2025

Defendant filing an impleading application in partition suit

Partition suit filed in 2007 and it is still pending, there are 9 children for late narayanappa, 5 male members and 4 female members.
While filing partition suit, one of the male member filed suit against mother and 4 of his brothers by leaving 4 of his sisters,
One of the sister recently in Feb 2025 got impleaded and marked as D7(defendant 7) in the case. Plaintiff will not bring 3 remaning sisters on record. Now as a defendant no.7(D7) I want to bring remaining 3 sisters to the case. D7 is not in touch with 3 sisters(no good relationship) now my question is how to add them into the case? As a Defendant no. 8 Do I have legal rights to add them to the case without their signature? Can a defendant add another defendant in the partition suit?

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 16 March 2025

If the left out parties are willing to participate in the partition suit then they can file a petition before concerned court for getting them impleaded as necessary parties.

If they don't take any steps you can file a memo before the court stating that the other legal heirs have been intentionally omitted by plaintiff in the suit for partition, hence as necessary parties, they are to be impleaded and the plaintiff may be directed to take steps.

Advocate Bhartesh goyal (advocate) 16 March 2025

Each and every shareholder of property are necessary party in suit of partition and suiy is bad on non joinder of necessary parties and not maintainable, you may raise an objection in this regard.