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2019 Supreme(Jhk) 1024

ANUBHA RAWAT CHOUDHARY
Gyanendra Nath Manna – Appellant
Versus
Radhika Manna – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Saibal Mitra, Ms. Ruby Yadav.
For the Respondent: Mr. Soumitra Boroi.

ORDER :

1. Heard Mr. Saibal Mitra, counsel appearing on behalf of the petitioner.

2. Heard Mr. Soumitra Baroi, counsel appearing on behalf of the sole respondent.

3. This writ petition has been filed for quashing of order dated 20.5.2016 passed by Sri S.A. Prasad, Civil Judge (Jnr. Division), Ghatshila in Title Suit No. 23 of 2005 whereby and whereunder the learned Court below has rejected the petition dated 18.3.2016 under Section 153 read with Order 1 Rule 4 and Section 151 of the Code of Civil Procedure, 1908 filed by the petitioner 2010. Vide petition dated 14.05.2016 the provision of law was prayed to be read as u/s 153 read with Order 1 Rule 3 and Section 151 of the Code of Civil Procedure. The petition was filed to incorporate the name of purchaser of the suit land namely Smt. Chintamani Tudu as defendant in the suit along with the Deputy Commissioner, East Singhbhum as proforma defendant in the suit.

4. Counsel for the petitioner submits that the petitioner had filed a Title Suit No. 23 of 2005 for specific performance of contract and for cancellation of Sale Deed No. 1147 dated 07.05.2005 against the defendants. He submits that during the pendency of the title suit, on 13.01.2

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