2016 AIR CC 3089 (BOM) ::2016 (5) ABR 406 ::(2017) 1 CivilCourtC 793 ::(2016) 6 AllMR 273 (BOM) ::(2016) 5 Bom CR 304 ::(2016) 3 CurCC 398

Bombay High Court

Hon'ble Judge(s): R. K. Deshpande , J

(A) Hindu Succession Act ( 30 of 1956) S. 8 — Civil P C (5 of 1908), O 1, R 10 — Suit for partition — Necessary parties — Property in question was gifted to father of plaintiff — Father died intestate — Property would devolve upon his heirs as per general rule of succession under S 8 of Act (1956) — Father of plaintiff having 5 sons and 2 daughters — Claim of plaintiff that his two sisters relinquished their claim — However failure to produce deed of relinquishment — Two sisters would be necessary parties — Plaintiff seeking to join legal representatives of two sisters in second appeal — Second Appellate court can grant permission under O 1, R 10 (2) to joinder of parties — Said order of joinder would relate back to date of filing of suit (Paras 11 to 13)

(B) Limitation Act (36 of 1963) Art. 65 — Hindu Succession Act (30 of 1956), S 8 — Suit for partition — Limitation — In absence of any plea of adverse possession by any of parties — Suit cannot be dismissed as barred by limitation (2004) 13 SCC 385, Rel on