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2022 Supreme(Pat) 411

ANIL KUMAR SINHA
Anjali Devi – Appellant
Versus
Most. Madhuri Devi – Respondent


Advocates appeared:
For the Petitioners: Mr. Rajeev Kumar.
For Res. No. 1 : Mr. Subhen Sarkar.
For Res. No. 2 : Mr. Surendra Kumar.
For Res. Nos. 3-7 : M/s Ravindra Kumar Sinha No. II, Gajendra Nath Ojha.

ANIL KUMAR SINHA, J.:–Heard learned Counsel for the parties concerned.

2. The petitioners-plaintiffs have challenged the part of the order, dated 22.12.2020, passed by learned Sub Judge-VII, Nalanda, at Biharsharif, in Title Suit No. 80 of 2008, by which the amendment of the plaint sought by the petitioners-plaintiffs has been rejected.

3. Learned Counsel for the petitioners-plaintiffs submits that the respondent no. 1 has sold some of the suit land in favour of six purchasers, who have been added as party-defendants in the suit at the instance of the petitioners-plaintiffs.

4. The suit is of the year 2008 and the purchasers, at the instance of the petitioners-plaintiffs, were made parties in the suit in the year 2011 and 2013. The argument on behalf of the respondents-defendants has, now, closed and the argument on behalf of the petitioners-plaintiffs is going on. At this stage, the petitioners have filed the amendment petition, seeking amendment in the plaint to the extent that “since that suit property was sold during the pendency of he suit, as such, the same is barred by the doctrine enshrined under Section 52 of the Transfer of Property Act, 1882”. The learned Court below while

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