Legal Question in Civil Rights Law in India

continued...deleting of misjoinders
Point to be noted: These predeceased son's children were brought on record, while filing FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(1978) at the time,
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence this issue of predeceased son will come up only after the death of Share holder ie 3rd plaintiff(1/17th share holder as per decree)

question: 1) FDP is still pending, Will the court executing decree will delete these misjoinders in FDP proceedings itself, as per Rule 10(2) and sec 47. or we have to file a seperate suite after FDP...

2) Since court in which FDP is pending is delaying on argument of our application, our application is neither allowed nor rejected from past 10 months,can we file a writ petition in High court to delete this misjoinders...

dear mohd ai,
U have not stated if the FDP is pending or disposed off. Any how if it is disposed off,
no need to file a separate suit. the executing court can decide the matter since the decree granting share to them is against law. U can file objections in the ep or can file petition u/s 47 cpc.

Asked on 10/26/08, 7:19 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: continued...deleting of misjoinders

You may be entitled to approach the High Court under article 227 of the Constitution of India for appropriate relief.

Answered on 10/26/08, 8:07 am

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