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Criminal Procedure Code QUESTION #9499
Question 1
A and B are co-owners of a plot of land. A files a suit for partition without joining C, who also claims a share in the property. The Court proceeds ex parte against B and passes a preliminary decree for partition. C later claims the decree affects his right. What recourse does C have?
  • C cannot challenge the decree since he was not a party to the suit
  • C may apply to the Court to be impleaded as a necessary party and challenge the decree, or seek revision if a jurisdictional error is apparent; a decree passed without impleading a necessary party is liable to be set aside✔️
  • C can only file a fresh suit for his share
  • C's rights are permanently extinguished by the ex parte decree
Correct Answer Explanation
A co-owner whose presence is necessary for complete adjudication of a partition suit is a necessary party. Proceeding without him vitiates the decree insofar as it affects his rights. C may apply to be added under Order I Rule 10 CPC during the pendency of any appeal or may challenge the decree through appropriate proceedings.