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2008 Supreme(SC) 684

S.B.SINHA, V.S.SIRPURKAR
Ashutosh Chaturvedi – Appellant
Versus
Prano Devi @ Parani Devi – Respondent


JUDGMENT:

S.B. Sinha, J.

1. Leave granted.

2. Appellant is before us aggrieved by and dissatisfied with the judgment and order dated 21.11.2005 passed in CR No.1532 of 2003 by the High Court of Patna whereby and whereunder an order dated 29.8.2003 passed by Subordinate Judge VIII, Ara in Title Suit No.58 of 1990 rejecting an application for amendment of plaint filed by the appellant herein was dismissed

3. Appellant herein is the son of the original plaintiff who filed a suit for declaration of his title and confirmation of possession as also for setting aside a deed of sale executed by the respondent herein. The said suit was filed on or about 21.5.1990. A deed of sale was executed in favour of defendant Nos.1 and 2 on or about 8.3.1990. An application for passing an interim order was filed in the said suit whereupon an order of status quo was passed on 1.6.1990. During the pendency of the said suit, two deeds of sale were executed in favour of third parties on 8.6.1990 and 18.6.1990.

4. The interim order passed by the learned Trial Judge was affirmed by an order dated 9.11.1990. Three Miscellaneous Appeals were filed thereagainst by the respondents. The matters were said to be pe






























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