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1971 Supreme(Bom) 38

J.R.VIMULDALAL
Jivanlal Damodardas Wani – Appellant
Versus
Narayan Ukha Sali – Respondent


JUDGMENT - 1. This is an application to revise an order passed by the Civil Judge (J. D) Shahada, dated 8th October 1969, granting an application by the defendant that on Kamalabai be added as a party to this suit.

2. That facts of the plaintiffs case are that the property in question originally belonged to one Dwarkadas Vithaldas, from whom the plaintiff purchased it by a registered sale deed dated 30th March 1964. The defendant was a tenant occupying a part of the ground floor of the said property and the plaintiff by his notice to quit dated 28th September 1967 terminated that tenancy and filed the present suit on the 3rd of January 1968 to eject the defendant. On the 14th of March 1968 the defendant filed a written statement contending, inter alia, that the plaintiff had to title to the said property and that the owner thereof was Kamlabai the wife of the said Dwarkadas from whom the plaintiff claimed to have purchased the property. The defendant thereafter on the 7th of August 1969 made an application that the said Kamlabai be added as a party - defendant to this suit, and the learned Judge by his order dated 8th October 1969 under revision took the view that it was clear from









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