Does the defendant have a right to add parties to the partition suit?

There are 8 children for Ramappa, 5 male members and 3 female members, One of the male member files a partition suit in 2008 against mother and 4 brothers , intentionally leaving 3 sisters. Suit is still pending. One of the sister filed impleading application in 2024 and got impleaded as defendant no. 6. Still 2 sisters are left out. Without their signature, I being the defendant no. 6 , can I file impleading application requesting court to add 2 left out sisiters? My advocate is saying I cant file that application without their signatures because i am a defendant in the suit, only plaintiff has a power to add them but Plaintiff will not add them because he does not want to give share to his sisters. Please suggest me what to be done.

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Advocate By LEAD INDIA Answered: 12 Mar 2025

As Defendant No. 6, you cannot file an application to add the two sisters without their signatures, as only the plaintiff typically has the power to add parties. However, you can request the court to include them by filing an application, explaining the situation. The court may allow their addition to ensure fair representation of all legal heirs. For further legal assistance contact us on our helpline number.
 

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