Respected Advocates,
In a partition suit, the court passed preliminary decree giving equal share to all.
After the preliminary decree, all the plaintiffs and defendants died one after the other.
But their sons and daughters were not impleaded and the plaint was not amended. The sons and daughters of plaintiffs said that the preliminary decree was passed, so it is not necessary to amend the plaint.
The sons and daughters of plaintiffs filed a petition to pass final decree. They showed all the sons and daughters of all plaintiffs and defendants as petitioners and respondents in this petition.
Now, the question is whether the sons and daughters of plaintiffs and defendants can be shown as petitioners and respondents in the petition for final decree, without first impleading them and without amending the plaint.
The question boils down to: whether anybody else, other than the plaintiffs and defendants, can be shown as petitioners and respondents in the petitions filed under any civil suit.
The lawyers and the judge are not clear about this.
In impleading petitions, anyway people who are not parties are shown as petitioners or repondents, because they are trying to get impleaded into the civil suit. Impleading petitions may be exceptions. Is it allowed to show other people as petitioners and respondents in other petitions in a civil suit, without first impleading and amending the plaint?
I request the experts in this forum to give their expert opinion.
Thank you very much.
