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1990 Supreme(Del) 342

D.P.WADHWA
NARAIN BARALIA – Appellant
Versus
RAJESHWAR DAYAL – Respondent


D. P. Wadhwa, J.

( 1 ) IN this suit filed in 1982 for winding up the affairs of dissolved partnership, namely. Regal Theatre, by this order I am to decide an application by Mr. Vinay Kumar filed under Order 22 Rule 10 and Section 151 of the Code of Civil Procedure. This application was filed on 21-9-l987. It is a brief application. It merely states that the applicant has purchased the share of the plaintiff under an agreement dated 10-2-1987 and. thus, having become the absolute assignee of the entire share of the plaintiff, the assignor, he has a right to. tie substituted in place of the plaintiff and to continue the suit. it is also staled,that because of the agreement as such. all rights and interests of the plaintiff in the present suit stand assigned to the applicant.

( 2 ) THIS application has been opposed by the defendants. It has been denied that there has been any assignment of the share of the plaintiff and further that thedeedofassignment date 10-2-1987 purports to transfer and assign the alleged interests of the plaintiff in immovable, property and was not a valid document being not properly stamped and not registered. The defendants also denied that the plaintiff coul
















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