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1994 Supreme(SC) 1061

K.RAMASWAMY, N.VENKATACHALA
Anil Kumar Singh – Appellant
Versus
SHIVNATH MISHRA ALIAS GADASA GURU – Respondent


( 1 ) DAULAT Singh, father of the petitioner filed Civil Suit No. 51 of 1989 for specific performance of a contract of sale said to have been executed on 22/9/1986 agreeing to sell 7. 17 acres of the land bearing Plot No. 655. Pending decision in the suit, Daulat Singh died. The petitioner came on record as legal representative of Daulat Singh. He filed an application under Order 6, Rule 17 Civil Procedure Code seeking leave to amend the plaint by impleading the respondent also as a party-defendant in the suit. The contention of the petitioner is that Shivnath Mishra, the vendor, had colluded with his sons and wife and had obtained a collusive decree in Suit No. 393 of 1990 under Section 229-B of the U. P. Zamindari Abolition and Land Reforms Act. By operation thereof, they became co-sharers of the property to be conveyed under the agreement and, therefore, the respondent is a necessary and proper party. The trial court dismissed the petition and on revision, by the impugned order dated 13/7/1994, the High court of Allahabad dismissed the Civil Revision No. 369 of 1993. Thus this SLP

( 2 ) THE contention of the petitioner is that the respondent having secured an interest as a co-own









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