Bombay High Court Allows Second Appeal in Partition Suit Due to Abatement — Failure to Bring Legal Heirs of Deceased Defendants on Record Renders Entire Suit Abated. The court held that in a partition suit, the right to sue is joint and indivisible, and the entire suit abates if any party dies and their legal representatives are not brought on record under Order 22 Rule 4 of CPC.
29 Jun 2015The case involves a second appeal arising from a partition suit. The appellant, original Defendant No.1, challenged the decrees passed by the trial co...




