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2019 Supreme(Raj) 1051

SANJEEV PRAKASH SHARMA
Mukesh Kumar – Appellant
Versus
Civil Judge (Junior Division), Gram Nayayalaya – Respondent


Advocates Appeared:
For the Appellant :H.V. Nandwana, Advocate
For the Respondents:R.S. Bhardwaj, Advocate

JUDGMENT :

Sanjeev Prakash Sharma, J.

1. Defendant-Petitioner moved an application before the learned trial Court under Order 32 Rule 11 & 12 read with Section 151 CPC with a prayer that he was impleaded as defendant No. 2 by the plaintiff-respondent in a case filed by the plaintiff-respondent for declaration and permanent injunction relating to the piece of land situated at village Jatwara, Tehsil Bassi, District Jaipur. It was stated by the respondent that he had applied for obtaining a Patta from the Gram Panchayat in the year 1980. However, the same was not released in-spite of the assurance and process and a decision was taken to release the Patta on 20/12/1997 and the Patta was released on 07/03/1998 in favour of the defendant-petitioner who was minor.

2. The suit was filed by the plaintiff-respondent against the defendant-petitioner through his father Shri Kishan Jat and in the circumstances, the defendant-petitioner filed the aforesaid application Order 32 Rule 11 & 12 read with Section 151 CPC on 15/06/2009 after attaining the age of majority within three years thereto requesting for being impleaded as a defendant in person and to give him an opportunity of hearing independen

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