Anil Kshetarpal, J. / Mr. Ashwani Bakshi, for the petitioner / P&H
Civil Procedure Code, 1908 (V of 1908), Order 1 Rule 8 – Representative suit for partition – Impleading all the co-owners as party-defendants – Order I Rule 8 CPC is applicable when there are numerous persons having the same interest – Plaintiff, while filing the suit, stated that since there are numerous co-owners of the property, therefore, he may be permitted to give notice via publication in accordance with Order I Rule 8 CPC, which was permitted – Every co-owner has an individual interest in a suit for partition – There is no community of interest between the various co-owners in such suits – In a suit for partition, every party, be it the plaintiff or the defendant, has his own interest to secure – Names of various co-owners can be obtained from the revenue record or the municipal record to ensure proper service of notice – Trial Court is requested to direct the plaintiff to implead all the co-owners as party-defendants and thereafter, proceed with the matter.
read here :(2022-2)206 PLR 786
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