1988 Supreme(Raj) 651
S.S.BYAS
Rameshwar Prasad – Appellant
Versus
Pratap Singh – Respondent
JUDGMENT
1. - This revision is directed against an order of the Addl. Civil Judge, Jaipur City, Jaipur dated 31.1.1983 passed on an application of the plaintiff under order 22 Rule 4 of the Civil Procedure Code.
2. Stated in short, the facts relevant for the disposal of this revision petition are that Devi Singh (who died during the pendency of the suit and now represented by his widow, daughter etc.) instituted a suit for declaration of title, perpetual prohibitory injunction and recovery of possession against 4 defendants Rameshwar Prasad, Takhat Singh, Badadur Singh and Sohan Kanwar. It was alleged that Takhat Singh had no right or interest or title to transfer the property in dispute to defendant No. 1 Rameshwar Prasad. It was also alleged that Bhawani Singh who is son of Devi Singh went in adoption to defendant Takhat Singh. Plaintiff Devi Singh passed away during the pendency of the suit and on his death his widow Smt. Roop Kanwar and daughter Smt.Vallabh Kanwar were substituted as plaintiffs in his place and his natural son Bhawani Singh was impleaded as one of the proforma defendants This was done on an application moved by Smt. Roop Kanwar and Smt. Vallabh Kanwar. The suit
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