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1986 Supreme(Bom) 47

M.S.DESHPANDE
Jawaharlal Son of Shivaji Lunkad – Appellant
Versus
Saraswatibai Babulal Joshi (Smt. ) & others – Respondent


JUDGMENT - M.S. DESHPANDE, J.:--- This revision application by the original defendant is directed against the order passed by the trial Court permitting non-applicant No. 5 who claimed to be the assignee of the interest of the opponents Nos. 1 to 4-original plaintiffs, to continue the suit under Order 22, Rule 10 of the Code of Civil Procedure.

2. The opponents Nos. 1 to 4 brought Small Cause Suit No. 684 of 1981 for possession against the applicant the ground that permission to determine the lease of the applicant was obtained but the opponents Nos. 1 to 4 from the Rent Controller and pursuant to that permission a notice to determine the lease was issued. The suit was resisted by the applicant contending that the notice had been waived by the opponents Nos. 1 to 4 and they agree to continue the lease. The opponent No. 5 filed an application under Order 22, Rule 10, Civil Procedure Code for leave to continue that suit by being added as plaintiff No. 4 . According to him, the opponents Nos. 1 to 4 assigned their Interest at well as the right to continue the suit to him by the sale deed dated 29-1-1982 and in view of the assignment and devolution of interest upon him he was entitled


















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