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check madar   30 March 2024

Fresh civil suit

Ms Lawyers Club of India,

I  have preferred to file a fresh suit in place of the Original suit that was dismissed for the default appearance of the plaintiff.

some of the defendants relinquished their share right over the property to the co-sharers and already died, therefore their right over the property was extinguished.

They do not contest a right in the property, and the plaintiff does not seek any relief from them.

in such case,. is it necessary to  list them in the array of the defendant in the civil suit?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     30 March 2024

If it is a partition suit and all those people who have relinquished their rights are also one among the shareholders, then it is pertinnent that they are to be impleaded as necessary parties though you don't seek any relief against them.

Without impleading them, the suit will be rejected for not including  them as necessary parties. 

Dr. J C Vashista (Advocate )     31 March 2024

You cannot file a fresh suit untill the DID suit is restored to its original stage and sought permission to withdraw with liberty to file afresh. 

You have not explained about your locus standi in the suit stated to have been dismissed in default.


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