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1991 Supreme(Raj) 602

M.C.JAIN
Mahesh Chand – Appellant
Versus
Shyam Lal – Respondent


JUDGMENT

1. - This revision petition has been filed against the order of the learned Additional Civil Judge No.1, Jodhpur passed in Civil Suit No. 123/76 rejecting the petitioner's application moved under order 47 rule 1 read with section 151, C.P.C. The. facts of the case giving rise to this revision petition may be summarised thus.

2. The plaintiffs Shyamlal (non-petitioner no.1), Smt. Basti (non-petitioner no.2) and late Kesulal filed suit No. 123 ofl976 for redemption of mortgagee. During the pendency of the suit the plaintiff Kesulal died on December 6,1984. An application was moved under Order 22 rule 3, C.P.C. for bringing his mother Smt. Basti Bai and his widow Smt. Jabbu Bai on record. While this application was pending, the petitioner Mahesh Chandra moved an application under Order 22 rule 3, C.P.C. stating that he was adopted by the deceased Kesulal during his life time as his son and a will has also been left in his favour in respect of the suit property, he is the sole heir and legal representative of Kesulal, the plaintiffs no. 2 and 3 want to deprive him of his properties, they did not even disclose him about the pendency of the suit and he came to know about it as la










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