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1979 Supreme(Raj) 160

N.M.KASLIWAL
Ramesh Chandra – Appellant
Versus
Mukhtyar Singh – Respondent


Advocates Appeared:
R.S. Kejariwal, for Petitioner; D.K. Soral for Non-petitioners; Arun Bhandari, for Non-petitioner No. 4.

N.M. KASLIWAL, J.—This is a defendants revision against the order of the learned Additional Munsiff Magistrate No 1, Bharatpur dated 15.11. 1977, whereby he allowed the application of the non-petitioner No. 4 Shri Satya Sahib Birajman Mandir Shri Satya Sahib Kumbher under O. 1 R. 10 C. P. C.

2. Brief facts leading to this revision are that the plaintiff-non-petitioner Himmat Singh filed a suit for declaration that the suit property mentioned in para No. 1 of the plaint belonged to him and a sale-deed made by defendants No. 1 and 2 in favour of defendant No. 3 be declared null and void against the plaintiff. It has further been prayed that the possession on the suit property be delivered to the plaintiff from the defendants. One Shri Mohanlal alleging himself to be a Pujari of Shri Satya Sahib Birajman Mandir Shri Satya Sahib Kumbher filed an application under O. 1 R. 10 C. P. C. for impleading Shri Satya Sahib Birajman Mandir Shri Satya Sahib Kumbher as a party in the suit on the ground that the suit property belonged to the applicant and was in his possession and that the plaintiff was neither the owner of the suit property nor was in possession. It was further pleaded that the sui





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