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2007 Supreme(Pat) 725

CHANDRAMAULI KR.PRASAD
Ram Janki Sahkari Grih-niraman Samiti Ltd. – Appellant
Versus
Maksudpur Institute Of Research And Education In Natural And Social Sciences. – Respondent


Judgment

Chandramauli Kr.Prasad, J.

1. Defendant No. 10 petitioner, being aggrieved by the order dated 14.6.2005 passed by the Xlth Subordinate Judge, Patna in Title Suit No. 653 of 1987, substituting the heirs of defendant no. 2 late Pratap Dhari Singh, has filed this civil revision application.

2. Short facts giving rise to the present application are that the original plaintiff Ram Kishore Prasad Narayan Singh filed suit for declaration that he is the co-sharer to the extent of 1/6th share with defendant 1st set and in joint possession in respect of the properties mentioned in Schedules of the plaint, impleading Girija Devi and Birendra Dhari Singh as defendant nos. 2 and 3 respectively. Sri Ram Janki Sahkari Grih Nirman Samiti Limited (petitioner herein) claims to be a registered Housing Co-operative Society. It claims to have purchased part and parcel of the suit land from defendant no. 2 and defendant no. 3 for its use through registered sale deed. After it came to know about institution of the suit made prayer for being added as defendant under Order I Rule 10 of the Code of Civil Procedure. Said prayer was allowed and Sri Ram Janki Sahkari Grih Nirman Samiti Limited was adde















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