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2015 Supreme(Raj) 334

J.K.RANKA
Deendayal – Appellant
Versus
Pitam Singh – Respondent


Advocates:
Advocate Appeared:
Mr. Jai Prakash Gupta, counsel for the petitioner.
Mr. Raj Kamal Gaur, counsel for respondents No.1 to 3.
Mr. B.R. Rana, counsel for respondents No. 4/1 to 4/3.

JUDGMENT :

1. The core issue which arises for consideration in the instant petition is whether persons, who have purchased the suit property in defiance of an injunction order passed by the Court, are entitled tobe imleaded as parties in the pending suit.

2. Undisputed facts that emerge are that the plaintiffpetitioner has filed a suit under Section 88 and 188 of the Rajasthan Tenancy Act, 1955 in the court of Assistant Collector, Dholpur against respondent No.4 (original defendant No.1), now represented through legal representatives i.e. respondents No. 4/1/ to 4/3. Alongwith the suit, an application under Section 217 for the relief of temporary injunction was also filed. The trial court restrained the original defendant No.1 from alienating the suit property on 19/11/2002. Thereafter, the respondents No. 1 to 3 moved an application under Order 1 Rule 10 CPC for impleading them as parties to the suit and such application was rejected by the Assistant Collector, Dholpur on 06/06/2005 observing that the suit property was purchased in disobedience of the injunction order of the Court dt.19/11/2002 and such persons have no right to be impleaded in the suit. Such order was assailed befo


























































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