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1995 Supreme(Del) 873

MANMOHAN SARIN
JSISA TYRES PRIVATE LIMITED – Appellant
Versus
NIRMAL KANTA – Respondent


Advocates Appeared:
A.S.CHANDHIOK, Amit S.Chadha, ASHOK KASHYAP, KULDIP PABLEY

MANMOHAN SARIN

( 1 ) THIS is plaintiffs application under Order 22 Rules 4 and 9 read with Section 151 CPC for impleadment of the legal representatives, namely two sons of the sole deceased defendant as defendants. Further directions are sought to the proposed legal representatives to disclose the names of the other legal representatives of the deceased defendant. The facts in brief leading to the filing of the present application are as under:-

(I)THE plaintiff had filed on 14-10-1994, a suit for specific performance of agreement to sell dated 8-9-1994 against the defendant in respect of the plot bearing No. E-14, Naraina Residential Scheme, Narain Vihar, New Delhi. In the alternative damages of Rs. 35,00,000. 00 were sought. It was the plaintiffs case that the agreed consideration was Rs. 4,00,000. 00 and a sum of Rs. 50,000. 00 had been paid at the time of agreement to sell and thereafter a sum of Rs. 2. 45 Lakhs was paid. Certain further payments were also pleaded. The plaintiff is in possessioon of the property. The defendant had denied the agreement to sell and receipt of consideration. It was claimed that the defendant was a widow, not knowing the English language and the plai






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