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2017 Supreme(Raj) 1215

PRAKASH GUPTA
Jagdish Narain Pareek – Appellant
Versus
Kamlesh Jain son of Shri Ghan Shyam Lal Chaudhary – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ravi Bhojak
For the Respondent: Mr. Kamlesh Jain

JUDGMENT :

Prakash Gupta, J.

This revision petition is directed against the order dated 03.10.2007 passed by the learned Addl. District Judge (Fast Track No.2), Jaipur District, Jaipur rejecting an application under Order 7, Rule 11 filed by the defendants in Civil Suit No.200/2007 Kamlesh Jain v. Vikram Golechha & Others.

2. The brief facts relevant for the present purpose are that the aforesaid suit was filed by the plaintiff Shri Kamlesh Jain with the averments that he had purchased a piece of agricultural land admeasuring 13 Bighas from Smt. Moti Devi w/o Shri Mohan Lal Jain and Smt. Urmila w/o Shri Bhanwar Lal Chittora in 1978 through a registered sale deed dated 07.06.1978. These two ladies had purchased the aforesaid land from Shri Jagdish Narayan Pareek s/o Shri Mahadev Prasad Pareek in 1975 through a registered sale deed dated 08.08.1975. He has been in possession of the said land since 1978 and has also been paying land revenue since then but he could not be able to mutate his name in the revenue authorities. On 25.02.2006, Shri Jagdish Narayan Pareek dishonestly and with intent to cause fraud resold the aforesaid 13 Bigha land to one Smt. Shanti Devi Sharma w/o Shri Shiv Da























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