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SACHIN SHANKAR MAGADUM
Sri Vinayak – Appellant
Versus
Gadigevva @ Neelavva – Respondent
| Table of Content |
|---|
| 1. petition to amend plaint in partition suit. (Para 1 , 3) |
| 2. stranger-purchaser lacks standing in proceedings. (Para 2 , 4) |
| 3. order upheld based on legal precedents. (Para 5) |
| 4. petition dismissed. (Para 6) |
ORDER :
(Sachin Shankar Magadum, J.)
The captioned writ petition is filed by defendant No.4-purchaser assailing the order of the Courts below, wherein plaintiffs application seeking amendment of plaint to include the left out properties as indicated by defendants is allowed and plaintiffs are permitted to include the other properties. The said order is challenged by a purchaser.
2. Heard learned counsel for the petitioner/defendant No.4 and respondents.
3. Admittedly, the suit is one for partition and separate possession. The defendants have taken a stand that the plaintiffs have not included all the properties and therefore, suit for partial partition is not maintainable. In the light of the defence set-up by defendants, plaintiffs by way of amendment have sought leave of the Court to include all the properties.
4. It is quite strange to know that petitioner who is purchaser of undivided interest who has no locus in a partition suit has ventured in challenging the or
A purchaser of undivided interest lacks locus standi in preliminary decree proceedings of a partition suit; rights must be asserted in final decree proceedings.
Order 6 Rule 17 proviso restricting post-trial plaint amendment applies to plaintiffs, not defendants in partition suits to prevent multiplicity.
Point of law : Suit for partition - In the absence of any details given by the respondents/defendants, and subsequent purchasers may be proper parties and their presence is required only at the time ....
A party claiming possession based on an unregistered agreement to sell cannot intervene in a partition suit.
Amendments to pleadings under Order VI Rule 17 should be allowed if they assist in resolving the real issues without altering the fundamental nature of the suit or causing prejudice to the opposing p....
Amendments to pleadings under Order VI Rule 17 should be allowed if they assist in resolving the real issues without altering the fundamental nature of the suit, ensuring all necessary parties are in....
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