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2007 Supreme(Pat) 1340

CHANDRA MOHAN PRASAD
Shakuntala Devi – Appellant
Versus
Malik Mandal – Respondent


Judgment

1. This application has been filed for review of this Courts order dated 17.02.2006 whereby the petitioners prayer under I.A. No. 2451/05 under F.A. No. 35 of 1999 for adding the petitioners as party under Order I, Rule 10 C.P.C. was refused.

2. The trial court decided under Issue No. 6 that the defendant nos. 5 and 6 (respondent nos. 3 and 4 in the appeal) are son and daughter of defendant no. 1 which finding is challenged in the F.A. No. 35 of 1999 by the appellant Sant Lal who is now dead and his heirs are already on record.

3. During the appeal, the intervenor-petitioner Shakuntala Devi purchased the property from respondent nos. 3 and 4 (defendant nos. 5 and 6). The prayer of the intervenor-petitioner was rejected by this courts order dated 17th February, 2006 on the ground that the intervenor-petitioner was not a necessary party for deciding Issue No. 6 which was subject to this appeal.

4. While arguing the review petition, learned counsel for the petitioner cited the authority of the Apex Court in the case of Dhanurdhar Prasad Singh V/s. Jai Prakash University and Others, AIR 2001 SC 2552. It was a case of devolution of estate on the death of a party and in that case










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