Hi all,
1. A & B real brothers filed suit for partition against thier younger brother C and against thier father and mother only, and deliberatly they have excluded their 4 sisters from the suit, and claiming the property of thier mother as joint family property hence needs to be partitioned.
2. C and his mother and father filed their W.S pleading that the suit property is mothers self acquired property and she rightly transferred the property to her younger son C by way of registered gift deed, and it is not a joint family property as claimed by A and B, hence suit is to be dismissed, further they have taken a plea that the suit being a partition suit they have not made their sisters parties to the suit since they are necessary parties to the suit and for non joinder of necessary parties the suit is liable to be dismissed.
3. After 4 months of filing the said W.S the mother died, after the death of the mother the A and B have come up with an application under order 1 r 10 of C.P.C to impelad thier 4 sisters in the above suit but not under order 22 rule 4 of C.P.C
Now my question is subsequent to filing of the W.S, the petition filed under O.1 rule 10 of C.P.C maintainable? if yes how?
