where the EJECTMENT
suit IS brought by a co-owner, without repudiating the co-ownership, then the suit is presumed to be filed for the
benefit of the other co-owners and may proceed without impleading the other
co-owners. the other co-ownerS are not considered as
indispensable parties to the resolution of the case. On the other
hand, where the co-owner repudiates the co-ownership by claiming sole ownership of the
property or where the suit is brought against a co-owner, his co-owners
are indispensable parties and must be
impleaded as party-defendants, as the suit affects the rights and interests
of these other co-owners. (MARMO
vs. ANACAY, G.R. No. 182585, November 27, 2009, Second Division, Brion, J.).
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.