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2009 Supreme(Pat) 503

J.N.SINGH
Bal Mukund Singh Son Of Ishwari Singh – Appellant
Versus
Gautam Singh Son Of Late Yodha Singh,Nagendra Rai, Bijay Prakash Singh – Respondent


JUDGEMENT

1. Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. The intervenor-petitioner has filed this civil revision application challenging the order dated 8.6.2006 passed by 4th Additional Munsif, Gopalganj in Title Suit No. 317/03 by which the petition of the petitioner dated 4.6.2005 filed under Order-I Rule 10 of the Code of Civil Procedure for adding him as party defendant in the suit has been rejected.

3. The case of the petitioner is that the original defendant resides with him and he is being looked after by the petitioner as he is issueless. Further case of the petitioner is that the original defendant had executed and registered four gift deeds in favour of the petitioner in the years 2001 and 2005 with regard to the entire property including the property in dispute in the suit and, therefore, having acquired interest in the suit property on the basis of the aforesaid registered gift deeds, this petitioner is a necessary party in the suit and should be added as defendant. In support of his contention, learned counsel for the petitioner has referred to the judgment of the Hon ble Supreme Court passed in the case of Khemchand Shanka





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