Allowed
Bindu Madhav Ramacharya Mudgalkar and Others v. Malhar Mandar Rajabhau Mudgalkar and Others
Bombay HCWP/2558/2016
Case brief
AI extract
What is this about?
Partition suit defendants sought an issue on maintainability due to non-joinder of Rajabhau's daughters as necessary parties. The trial Court refused. The High Court held all joint family members are necessary parties to a partition suit, set aside the order, and directed the trial Court to frame the issue.
What did the court decide?
Petition allowed; impugned order set aside; Application Exh. 65 allowed; trial Court to frame issue on maintainability for non-joinder of necessary parties.