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1980 Supreme(Pat) 69

BIRENDRA PRASAD SINHA
Suryakant Jha – Appellant
Versus
Lakshmi Kant Jha – Respondent


Judgment

1. This is an application by the plaintiff. The plaintiff filed a suit for declaration that the sale dated 6-3-67 of the suit properties in Execution Case No. 53 of 1956 was illegal, fraudulent and not binding on him. The defendants, in execution of the decree for costs, had purchased the suit properties for a very low price of Rs. 95. Defendant No. 1 Sunderlal Jha died on 20-6-73. The plaintiff filed a petition on 5-7-73 for string out the name of deceased Sunderlal Jha because his son Lakshmi Kant Jha was already on record as defendant No. 2. The hearing of the suit started on 17-6-78. Defendant-opposite party No. 1 filed a petition stating that defendant No : 1 Sunderlal Jha had also left behind his widow Mt. Ugeshwari Devi and a daughter Sita Devi, who were not substituted in place of deceased defendant No. l. According to the defendants, the whole suit had abated. The plaintiff denied that Mt. Ugeshwari Devi and Sita Devi were the widow and daughter, respectively, of deceased Sunderlal Jha. But even so, he filed a petition that they should be substituted in place of defendant No. 1. The trial Court has found that Lakshmi Kant Jha, defendant No. 2, is the son of Sunderl




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