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1983 Supreme(SC) 24

P.N.BHAGWATI, E.S.VENKATARAMIAH
Munshi Ram – Appellant
Versus
Narsi Ram – Respondent


Advocates:
A.K.SEN GUPTA, ARUNESHVAR GUPTA, BHARAT INDER SINGH, H.S.CHANDHIOK, K.B.ROHTAGI, L.M.SINGHVI

Judgment

VENKATARAMAIH, J.:- The simple question which arises for consideration in this case is whether the application made by the appellant for impleading an additional defendant to the suit out of which this appeal arises was in time.

2. The appellant filed a suit in the Court of Sub Judge, Kaithal for possession of a piece of land in exercise of his right of pre-emption against respondents 1 and 2 alleging that they had purchased the land from his father, Baburam under a registered sale deed dated May 16, 1977 in total disregard of his right of pre-emption. He stated in the plaint that the cause of action had arisen on May 16, 1977 and hence the suit filed on Jan. 29, 1978 was in time. Along with the plaint he produced a certified copy of the sale deed dated May 16, 1977 and in that certified copy it had been recited that the land in question had been sold in favour of respondents 1 and 2 only. Respondents 1 and 2 appeared in the trial Court and filed their written statement on May 17, 1978. One of the pleas urged by them was that since all the vendees who had purchased the land had not been impleaded and since on that account the suit had become one for partial preemption, it wa




























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