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2014 Supreme(Chh) 288

SANJAY K.AGRAWAL
Yashwant Raj – Appellant
Versus
Sadanand Singh – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Rajeev Shrivastava and Santosh Bharat, Advocates
For Respondents/Defendant:C.B. Kesharwani, Advocate and Sanjeev Agrawal, Panel

JUDGMENT

Sanjay K. Agrawal, J.

1. The substantial question of law formulated and to be answered in this second appeal is as under:--

"Whether the First Appellate Court was justified in dismissing the first appeal only on the ground that the appellant did not make any efforts for getting impleaded themselves before the Trial Court during the 11 years, when the matter was pending before the Trial Court?"

The imperative facts required for determination of this appeal are as under:--

[For sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the Trial Court.]

1.1. The plaintiff-Sadanand Singh filed a suit for declaration of title, possession and permanent injunction inter alia on the ground that suit land bearing Khasra No. 737/10, area 0.56 acres is owned and possessed by him; and adjoining land bearing Khasra Nos. 737/2 and 3 is owned by respondent No. 2. It is further case of the plaintiff that adjacent to the land of defendant No. 2, there is land of defendant No. 3-Paras Bangani, which is Khasra No. 737/1; and claimed decree for declaration of title, recovery of possession and permanent injunction.

1.2. The defendant Nos. 1 and 2 file



































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