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2009 Supreme(Pat) 1571

RAVI RANJAN
Rahul Kumar Agrawal Son Of Late Mahesh Kumar Agrawal – Appellant
Versus
Rajendra Kumar Agrawal Son Of Late Durga Prasad Agrawal – Respondent


JUDGEMENT

Ravi Ranjan, J.

1. This Revision is directed against the order dated 29.4.2003 passed by the Sub-Judge-I, Katihar, in Title Suit No. 40 of 2000, whereby the application filed by the petitioner for allowing him to contest the suit, as he has now attained majority, has been rejected by the concerned court.

2. Title Suit No. 40 of 2000 has been filed by the opposite party no. 1 for declaration of title upon the suit property, mentioned in Schedule-A to the plaint, which the plaintiff has claimed to have acquired by two registered sale deeds of gift executed by his mother, Smt. Sita Devi Agrawal, in his favour. The opposite party no. 2, alongwith her sons, the petitioner and opposite party no. 3, as well as daughter-opposite party no. 4, were impleaded as defendants. The sons and daughters were shown to be minors and subsequently, their guardian ad litem was appointed by the court. The mother, defendant-opposite party no. 2, had appeared and filed written statement. Written statement had also been filed on behalf of the minors through the guardian ad litem. However, the petitioner filed a petition, as contained in Annexure-T to this Civil Revision, stating therein that now he








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