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2009 Supreme(SC) 698

S.B.SINHA, P.SATHASIVAM
SUMESH SINGH – Appellant
Versus
PHOOLAN DEVI – Respondent


S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) THE defendant in a suit praying for a decree to set aside a deed of sale purported to have been executed by the 8th respondent (original defendant No. 2) as a Power of Attorney holder of the original plaintiff (her father), is before us aggrieved by and dissatisfied with a judgment and order dated 24. 10. 2007 passed by the High Court of Himachal pradesh at Shimla dismissing a revision application filed before it from an order dated 20. 12. 2005 of the learned trial judge allowing an application for amendment of the written statement filed by the 8th respondent.

( 3 ) THE following facts are not disputed : the original plaintiff Sh. Babu was the owner of the suit land. He executed a Power of Attorney on or about 13. 2. 1998 in favour of one kartari Devi - Respondent No. 8 (original defendant No. 2 ). The 8th respondent executed a deed of sale on 3. 3. 1998 in favour of the original defendant No. 1 in the aforementioned capacity. However, inter alia, on the premise that the said Power of Attorney was illegal and the same had been fraudulently obtained, original plaintiff filed a suit for declaration before the Subordinate Judge, First Flass,















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