Legal Question in Real Estate Law in India

My mother filed a suit for partition in the year 2002 and in her filed affidavit she admitted her own property ,which was settled by her mother,as a joint family property.In affidavit she stated the property was purchased from my deceased father income. The case was dismissed since either plaintiff and defendants have not appeared and took no care to dispose. In 2009 one of the defendants let out her property to someone by executing the rental agreement by himself without the knowledge of my mother and collecting the rent and not pay to my old aged mother even for medical expenses.Now let me clear my doubt,Sir
a)Is it possible to reopen the above case again by me ?I am a defendant.
a)If it is not possible,Can I file a fresh partition suit now by referring my mothers above affidavit?

Asked on 5/28/11, 1:31 am

Sanjay Kalra Sanjay Kalra & Associates

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The answer to your questions are here in below for your perusal :-

1) Yes but you have to seeks courts permission to file the suit again.

2) DITTO

Answered on 5/28/11, 8:34 am

Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

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YES YOU CAN REOPEN THE SUIT OR YOU CAN FILE THE SUIT

Answered on 5/29/11, 6:21 am

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