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voha   02 March 2025

Partition suit:should defendant act to implead parties even if plaintiff won't?

1.My cousin has filed a partition suit  and I am a defendant. I found out that 3rd party has created 
false records and is claiming property. I have informed my cousing of the same but she has taken no action.

2.My advocate says its my cousin's responsibility as plaintiff to implead that 3rd party and the suit will fail if she does not do it due to not including all required parties.

3.I am still searching for the sale deed and so prefer to take action after locating the correct records.My advocatesays We can file take action against 3rd party at later date after we obtian the records.

3.Some other advocates have said in partiton suit everyone is plaintiff and if I do not implead that 3rd  party right now I cannot act on them later in any future court action.

What is correct?

tks



 3 Replies

Dr. J C Vashista (Advocate )     02 March 2025

It's the case of plaintiff whereas you are defending your own right as defendant, accordingly the plaintiff may or may not implead third party in the suit is not your call 

 

T. Kalaiselvan, Advocate (Advocate)     02 March 2025

A defendant can implead a subsequent purchaser as a party to a suit if the court considers it necessary or proper. This can happen in cases for specific performance or to avoid multiple lawsuits. 

If the subsequent purchasers are not made parties, it would result in further complexity in the matter since a simple partition suit has been unnecessarily complicated by the defendants' actions. These subsequent purchasers are proper parties, though not necessarily indispensable

In a partition suit, a defendant can implead another defendant if the court deems their presence necessary to effectively adjudicate the case, typically using Order 1 Rule 10 of the Civil Procedure Code (CPC) which allows for impleading parties at any stage of the proceedings if their presence is crucial for a complete resolution of the dispute; this means a defendant can bring in another party who has a stake in the property being partitioned.

1 Like

She Commie   02 March 2025

You must do RIGHT NOW. Not later. 

Ideally, the plaintiff should implead the third party. But, if the plaintiff is not doing it, even a defendant can implead a third party as a defendant, because this is a partition suit. However, you must show valid reasons to the Court for impleading the third party, otherwise your petition to implead the third party may fail. So, keep all records ready, and be clear about the reasons, before filing a petition to implead the third party. 


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