Karnataka High Court: Party Not Arrayed As Respondent In Compromise Decree Suit For Partition If Not Allotted Any Share

The Karnataka High Court in the case Mahesh ANDIshwar & Others observed and has held that a suit for partition filed by the plaintiff is maintainable if he was not impleaded as party respondent in the earlier suit wherein a compromise was arrived between the parties and the said court passed a decree without allocating any share in the property to the plaintiff.

- 

The single bench of Justice CM Poonacha in the case was hearing the petition filed by Mahesh who had sought to question the order of the trial court rejecting his application made under Order VII Rule 11 of Code of Civil Procedure, CPC seeking to reject the plaint filed by Iswar and others as barred by law.