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