Legal Question in Civil Rights Law in India

to delete misjoinders
A Muslim partition suite was decreed , In which sons are entitle for 2/17 th share and daughters are entitle for 1/17th share as per Mohammedan law.
Final decree proceedings is pending.
ISSUE: In one Daughters case who is a plaintiff entitle for 1/17th share as per decree,
She had 3 children�s, 1 son and 2 daughters, Son had predeceased her mother
.But by mistake or purpose, The children of predeceased son were brought on record along with their aunts as Legal heirs of deceased (3rd plaintiff) original decree holder to which there aunts did not object at that time of filing of Final decree proceedings ,
Question: 1) My grandmother is the daughter of original decree holder, She has filed objections now in Final decree proceedings which is pending to strike out from record this childrens of predeceased son as they are not entitle for any share in their grand mothers property as per Mohameddan Law, since they are misjoinders, Can order 1 rule 10(2) and sec 47 be invoked.
2) Our Interim Application to delete this misjoinders is pending in court from past 10 months, this court has neither allowed nor rejected our application, Can we move to high court to delete this misjoinders.

Asked on 10/27/08, 1:41 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: to delete misjoinders

The executing court may not travel beyond the decree. If you find the decree requires to be amended, approach the same court.

Answered on 10/27/08, 1:26 pm

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