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C. SARAVANAN
K. Baskar – Appellant
Versus
P. A. Jannath Gani – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 20.01.2022 passed in I.A.No.97 of 2020 in I.A.No.2 of 2005 in O.S.No.19 of 1996 on the file of the Additional Sub Court, Kumbakonam.
Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 20.01.2022 passed in I.A.No.32 of 2020 in I.A.No.2 of 2005 in O.S.No.19 of 1996 on the file of the Additional Sub Court, Kumbakonam.
Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 20.01.2022 passed in I.A.No.98 of 2020 in I.A.No.2 of 2005 in O.S.No.19 of 1996 on the file of the Additional Sub Court, Kumbakonam.)
Common Order:
1. The petitioners herein are third parties to a partition suit between the respondents herein in O.S.No.19 of 1996 before the Additional Sub Court, Kumbakonam.
2. The issues involved in all these Civil Revision Petitions are inter-linked and hence, they are dispose
Third parties in a partition suit can resist the execution of the decree by filing suitable applications under Order 21 Rule 97 read with Section 47 of CPC.
Parties cannot be added as defendants if the properties in question are not included as subject matter in the suit.
The main legal point established in the judgment is the necessity of impleading a party, especially a transferee pendente lite, in a partition suit to avoid multiplicity of suits and to effectively a....
A third-party purchaser lacks the standing to raise the plea of partial partition in a suit for partition among co-owners, as this right is reserved for the co-owners themselves.
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 ....
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