Wednesday, 3 January 2018

Whether court can permit addition of third party in partition suit?

At this juncture it would be relevant to extract para 6 of the order of this Court dated 27.01.2009 made in C.R.P. No. 3438 of 2008 while allowing the impleading petitions of the revision petitioners, wherein this Court has held as follows:

"I would like to recollect and call up, the common or cardinal Principle of law that in partition suits, even third parties could be allowed to be impleaded as parties so that whatever shares the third parties acquired in the suit property from the co-sharers, they would be able to work out their equities. Such third parties cannot put forth any new plea, but only pray for equities and nothing more".


CRP(PD) No. 1308 of 2013 and M.P. No. 1 of 2013

Decided On: 25.01.2017

 M. Ammasayappan and Ors. Vs. Muthusamy and Ors.

Hon'ble Judges/Coram:
M.V. Muralidaran, J.
Citation: AIR 2017 Madras 246.
Read full judgment here: Click here

Print Page

No comments:

Post a Comment