2012 (4) AIR Kar R 796

Karnataka High Court

Hon'ble Judge(s): A. S. Bopanna , J

( A ) Civil Procedure Code (5 of 1908) O. 1 . Rr. 9, 10 — Non-joinder of necessary parties — Effect — Partition suit — Daughters claiming share in their mother’s properties — Other sons of mother were not impleaded in suit — As presence of sons would have made difference to suit, they were necessary parties — Institution of suit without impleading them would be bad for non-joinder of necessary party. (Paras911)

( B ) Civil Procedure Code (5 of 1908) O. 1, Rr. 9, 10 — Partition suit — Impleadment of necessary party — Daughters claiming share in their mother’s properties — Properties to which shares had been assigned, certain alienations have been made by brother of mother i.e. co-sharer much earlier to filing of suit — Purchasers of property who have purchased property on representation that there was partition among person entitled to property not impleaded in suit — Suit would be bad for non-joinder of necessary party. (Paras10)