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2005 Supreme(Del) 1031

SWATANTER KUMAR
Malik Bhupinder Singh – Appellant
Versus
Raj Gupta – Respondent


Advocates appeared:
Mr. M.S. Vohra, Adv. for the Plaintiffs.
Mr. Arnarjit Singh, Adv. for the Defendants.

JUDGMENT

Swatanter Kumar, J.

1. By this order I would dispose of the two Applications IA No. 7379/2005 under Order 22 Rule 3' of the Code of Civil Procedure for bringing on record the legal representatives of plaintiff No. 2, Col. Prithipal Singh Malik; who died on 29th April, 2003 due to cardiac arrest and IA No. 7380/2005, an - application under Section 5 of the Limitation Act praying for condonation of delay in filing IA No. 7379/2005.

2. The plaintiffs filed a suit for recovery of Rs. 32,18,800 being the balance sale consideration with interest@ 18% p.a. till realisation, a further relief for the recovery ofRs. llakh on account of damages, and for declaration / in relation to property No. 43, Rajpur Road, Civil Lines, Delhi. The plaintiffs along with their father were members of the HUF styled as 'Malik Mukhbain Singh HUF'. In that capacity, they were owners of property No. 43, Rajpur Road, Civil Lines, Delhi, which was purchased vide registered sale deed dated 6th December, 1948. The property was occupied by the family till the family partition took place on 31st March, 1981. The portions divided between the parties were duly shown in the site plan prepared by the parties at that


















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