Property lawyer: if the legal heirs of one party in partition suit are not brought on record then the suit abates against all the parties to the suit; SC.- 17:53
Supreme Court of India
Justice Ajay Rastogi
In the case titled as "Goli Vijaya Lakshmi and others versus Yendru" it was held by the SC that in a suit / appeal for partition if one of the party dies and his legal heir(s) are not brought on record, the appeal / Suit abates against all other parties to the suit too.
Generally, if there are more than one plaintiff or defendant, if any one of the party is not brought on record, then, the Suit abates against that party only. But in case of partition, as each plantiff is also defendent and each defendant is also the plaintiff, therefore, in case of abatement of suit qua one defendant the suit abates qua all the parties as the decision on issues would impact the case of one against whom the proceedings are abated if it is decided by the court. Accordingly the appeal was disposed of as abated.