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2010 Supreme(Pat) 1311

MUNGESHWAR SAHOO
Smt. Bhagmani Devi – Appellant
Versus
Most. Kabiraj Devi – Respondent


JUDGEMENT

1. This is an application under Order 1 Rule 10(2) and section 151 C.P.C. filed by 45 persons for being added as interveners-appellants in this appeal on the ground that during the pendency of this appeal all the purchasers interveners have purchased different area of disputed land from the appellant. Learned, Sr. counsel Sri Sidheshwari Prasad Sinha, appearing for the interveners submitted that after purchase they have acquired title in the property in suit and, therefore, they are vitally interested in this appeal. According to the learned Senior counsel if the interveners are not added as appellants then they will not be able to protect their interest. The learned Senior counsel further submitted that even if they are not necessary parties but being subsequent transferee are proper parties. Therefore, he prayed that they may be added as appellant.

2. The learned counsel for the appellant in support of his contentions relied upon two decisions (i) A.I.R. 2005 S.C. 2209 (Amit Kumar Shaw and another V/s. Farida Khatoon and Another) (ii) 2009 (3) P.L.J.R. 14 (Bal Mukund Singh V/s. Gautam Singh).

3. On the other hand, the learned counsel for the respondents submitted that th








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