Learned Explerts,
An Hindu unmarried person died intestate 35 years ago leaving behind 5 brothers- (B1, B2, B3, B4, & B5) and three sisters - S1, S2, S3). All 8 siblings were alive at the time of his death. All these 8 sibilings are dead now having sons and daughters as their respective legal heirs.
The suit property is in exclusive possession of legal heirs of one brother ( B3).
A partition suit is filed by legal heirs of B1, B2, B4 & B5 as Plaintiffs against legal heirs of B3 as defendants. Plaintiffs did not impleade legal heirs of S1, S2 & S3 as parties to the suit. Defendants in their written statement informs the court that the legal heirs of S1, S2 & S3 are not impleaded in the partition suit as necessary larties.
Defendants contended non jointer of necessary parties as legal heirs of S1, S2 & S3 are NOT impleaded to the suit.
Plaintiffs files an Interim Application praying to direct defendants to give detais of the legal heirs of S1, S2 & S3.
Defendants counters this IA that all that is known to defendents about the names of the S1, S2 & S3 are mentioned in the reply written statement itself. And that defendants does not know whereabouts of the legal heirs of the S1, S2 & S3.
Surpisingly the Honorable Lower court directs the defendants to provide details of the llegal heirs of the S1, S2 & S3.
Learned experts please advise what should the defendants do next hearing as they do not have wbereabouts of legal heirs of the S1, S2 & S3.?
Is it not the plaintiffs duty to bring in all the necesszry parties to the suit. ?
Or can the defendants challenge the direction of the Honorable Court ?
Humbly request the Learned Legal Experts to please enlighten please ...
