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1989 Supreme(Raj) 828

S.N.BHARGAVA
Tara Devi – Appellant
Versus
Kailash Chand Joshi – Respondent


Advocates:
For the Petitioner:Mr. N.K. Joshi, Advocate.
For the Non-petitioner:Mr. R.M. Lodha, Advocate.

JUDGMENT

1. 1. This revision petition has been filed against the order dated 5.4.89 passed by the Additional District Judge Dausa, dismissing an application under Order f Rule 17 C P.C. for amendment of the plaint, tiled by the plaintiff-petitioners.

2. The petitioner filed a suit on 8.10.1985 alleging therein that Ramkaran Joshi had purchased some properties Benami in the name of defendant,No.1. Notices were issued to the defendants and written statement had been filed on behalf of the defendants. An application had also been filed under Order 7 Rule 11 CPC on 16.7.88, stating that in view of Benami Transactions (Prohibition of Right to Recover Property) Ordinance, 1988, no relief could have been granted to the petitioners and the suit should be dismissed, to which a reply had also been filed on behalf of the plaintiffs on 20th August, 1988. Thereafter, a detailed application for amendment had been filed by the petitioners on 4.2.1989 for amendment of several paras of the plaint, to which also a reply had been filed on behalf of the defendants. An application was also moved by the plaintiffs that their application filed tinder Order 6 Rule 17 C P.C. should be decided first before c

























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