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2005 Supreme(Pat) 753

R.N.PRASAD
Shiv Gopal Sah @ Shiv Gopai Sahu – Appellant
Versus
Sita Ram Saraugi – Respondent


Judgment

1. The petitioner is aggrieved by order dated 27.5.2005 passed by the Additional Munsif-V, Munger in Title Suit No. 17/1991, whereby the petition filed by the plaintiff-opposite party nos. 1 and 2 for amendment of the plaint has been allowed.

2. The plaintiff-opposite party filed Eviction Suit No. 11/86 against Ram Charitra Sahu @ Kailu Sahu, father of the petitioner. The father of the petitioner appeared in the said suit and filed written statement denying the title of the plaintiff-opposite party. The court thereafter allowed to convert the Eviction Suit No. 11/86 into a regular suit i.e. Title Suit No. 17/91 and directed to pay ad valorem court fee and also to amend the pleadings. During pendency of the suit the plaintiff-opposite party sold the suit property to Bijay Kumar Yadav and Manju Devi, opposite party second set. They filed an application for being added as co-plaintiffs, which was allowed on 22.5.2004, against the said order C.R. No. 764/2004 was also dismissed as withdrawn on 29.8.2004. The suit was taken up for hearing. The plaintiff- opposite party 1st set filed a petition for amendment under Order 6 Rule 17 C.P.C. challenging the sale deed executed in favou





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