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2005 Supreme(SC) 1603

ALTAMAS KABIR, B.P.SINGH
Saraswati Devi Gupta – Appellant
Versus
Sudha Rani – Respondent


JUDGMENT

B.P. Singh, J.—This Appeal by Special Leave is directed against the Order of the High Court of Judicature at Allahabad in Review Petition No. 64773 of 1996 dated 22-7-1999 whereby the High Court summarily dismissed the Review Petition preferred by the appellant herein. By its Order dated August 30, 1996 the High Court had directed the Executing Court to entertain and decide the question as to whether a valid assignment of the decree had been made in favour of the appellant/assignee.

2. The facts of the case may be briefly recapitulated:-

Suit No. 23 of 1972 was filed by one Raghu Nath Prasad for specific performance of an agreement to sell the house in question. Shamsher Bahadur was the defendant in the said suit. The suit was dismissed by the Trial Court, but on appeal, by its judgment dated 7th April, 1975 the Appellate Court allowed the appeal and ordered specific performance of the agreement. The plaintiff Raghu Nath Prasad, the decree holder died on 1st September, 1979. Thereafter, by Order dated 20th November, 1980 the legal representatives of the said Raghu Nath Prasad were brought on record as also the assignee, the appellant herein, since she claimed that the late Ra











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