Dear Sir,
Good Evening,
I am seeking your guidance in the following case.
A suit is filed in a judicial Magistrate second class court for Partition of Hindu Undevided Property.
The back ground of the case is as follows:
Mr. X has five son and one daughter, and living jointly and occupation was farming.
Due to profession four brothers were moved to other places and one sister got married. The only one youngest son was maintaining suit property on behalf of the family members. The said son (youngest one between all) was also working in the same place as patwari (who maintains the land records in the village).
After few years as the rest of the brothers were settled in cities and keeping faith on their beloved brother they were not checking the land records and 7X1 2 extract for the suit property.
Subsequently the two brothers expired leaving no legal hires for them ( One brother was remain unmarried till the last).
In the year of 1985 one of the brother who was moved to city for his profession (he was police Inspector) suspects that his brother had removed their name from land records and sold land to others in the same village. And so the disputes started.
After checking all the land records it was found that all the names were removed and the brother who was taking care of the suit property transfer the remain property to his three sons name.
So rest of the two brothers published a legal notice in the local news paper for their legal right on the suit land and not to involve in any land dealing of the said property.
And filed a suit in the court for partitioned so henceforth we will called them as a plaintiff
And the other brother called as defendant in said the matter.
In the suit submitted by the plaintiff did not mentioned the name of their sister of the plaintiff as it was filed in 1986 and the defendant was mentioned in their reply plaint copy her name. But during argument the advocate submits that the plaintiff shall ready for considering her share in the suit property and can be set aside her share in the said suit property.
Now the current status in this suit is this :
All the brothers and their sister are expired and their legal heir are become the plaintiff and defendant in the said suit and now the suit is for argument and now the court has demanded death certificate of sister and the wife of defendant and also details of the their legal heir to plaintiff or otherwise the suit shall be dismissed.
Question
- Is there any possibility of the dismissal of the suit when the plaintiff fails to submit the details as asked for?
- Is this the responsibility of the plaintiff to submit the said documents and details in the court?
- What should be the precautions needs to be taken in the said suit and at this stage?
- If suit dismissed then can plaintiff appeal in the next court?
