Dear Forum,
In a partition suit in Trail Court Plaintiffs filed the suit against his brothers for the Partition of Family Inherited Property in which the Plaintiff missed to add one of his decesased child's Legal Rep (daughter). At a later stage the Plaintiff realized the mistake and added that missed party his decesased child's Legal Rep (daughter) as the Last Defendant through an Interlocutary application in the Trail Court and upon on Trail Court allowing that I.A. the party was added to the SUit Proceddings. However in the meanwhile, the rest of the defendants approached High Court with a Civil Revision Petition by challenging the above said I.A. The High Court ordered an Interim Suspension on the said I.A. Orders issued by the Trail Court.
Note: In the above mentioned C.R.P. in High Court [(the daughter, L.R. of deceased child of Plaintiff) who was missed in the Suit at the time of filing and added as the Defendant at a later stage through an I.A. allowed] is not added as a repondent.
Now my query is that if the aggrived party [(the daughter, L.R. of deceased child of Plaintiff) who was missed in the Suit at the time of filing and added as the Defendant at a later stage through an I.A. allowed] can approach High Court and get herself impleaded as a necessary party to the C.R.P. under Order 1 Rule 10 (2) of C.P.C. to contest in the C.R.P. as a necessary party to the C.R.P. and to prove that she is also Legally entitled for the share in proposed Partition Property and thus the C.R.P. (challenging the orders in the I.A. issued by the TRail Court) should be dismissed.
