Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
P.ATCHAMMAL – Appellant
Versus
G. Rajammmal (Died) – Respondent
| Table of Content |
|---|
| 1. challenge to district munsif's orders (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioners' right to contest suit (Para 6) |
| 3. respondents' argument regarding delay (Para 7) |
| 4. court's review of evidence and rights (Para 8 , 9) |
| 5. civil revision petitions allowed (Para 10) |
ORDER :
1. C.R.P(MD)No.2783 of 2025 has been filed challenging the order passed by the learned District Munsif, Aundipatti, in I.A.No.16 of 2025 in O.S.No.178 of 2006, dated 11.09.2025.
2. C.R.P(MD)No.3817 of 2025 has been filed challenging the order passed by the learned District Munsif, Aundipatti, in I.A.No.18 of 2025 in O.S.No.178 of 2006, dated 27.11.2025.
3. C.R.P(MD)No.3818 of 2025 has been filed challenging the order passed by the learned District Munsif, Aundipatti, in I.A.No.19 of 2025 in O.S.No.178 of 2006, dated 27.11.2025.
4. The respondents herein, as plaintiffs, have filed a suit in O.S.No.178 of 2006, before the District Munsif Court, Aundipatti, seeking for partition and separate possession of their respective shares. During the pendency of the suit, the petitioners, who are the legal representatives of the deceased 8th defendant, have filed an application in I.A.No.16 of 2025 to accept the written s
Legal representatives in a partition suit are entitled to contest the case and file a written statement, safeguarding their rights and opportunity for fair trial.
Legal representatives can participate in partition suit proceedings without raising new defenses, emphasizing proper adherence to procedure under the Civil Procedure Code.
Defendant permitted additional Written Statement to claim exclusive property ownership in partition suit despite trial commencement.
A party cannot introduce repetitive claims in an additional written statement without new pleas.
The court upheld the Trial Court's decision to set aside an exparte order due to valid reasons related to the health of the principal respondent, allowing conduct of the suit on merits.
In partition suits, all co-sharers must be included, and failure to do so renders the suit maintainable only after necessary amendments.
Court allows petitioner to file written statement in partition suit despite delays for effective adjudication.
A trial court may allow filing of an additional written statement under Order 8 Rule 9 of CPC when trial has not commenced, emphasizing judicial discretion and the need to avoid prejudice in litigati....
A preliminary decree in a partition suit prevents abatement, and counsel's failure to report deaths does not impede the legal process for bringing in representatives, as established by Order XXII Rul....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
