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1984 Supreme(Ori) 172

D.P.MOHAPATRA
SADHU BEHERA – Appellant
Versus
KRISHNA CHANDRA – Respondent


Advocates Appeared:
MOHADEV MISHRA, R.N.SUTAR

D. P. MOHAPATRA, J.


( 1 ) THE short question for decision in this case is whether in a suit for a specific performance of a contract for sale, instituted by a purchaser against the vendor, a stranger to the contract, who contending that the contracted property is a joint family property, of which he is also the co-owner, wants to intervene in the suit, is entitled to be added as a party. The question having been answered in the negative by the Court below, the interveners have filed this revision petition challenging the order. The facts material for the purpose of the present proceeding are that the opposite parties 1 and 2 filed Title Suit No. 64 of 1981 for a decree of specific performance of a contract for sale of the lands described in the schedule to the plaint. In the plaint they alleged inter alia that opposite parties 3 to 5 (defendants 1 to 3) constituted a joint family with the opposite party No. 3 (defendant No. 1) as Karta. In his capacity as Karta of the family the said defendant executed an agreement for sale of the case land in favour of the plaintiffs on 15-4-1978. They further alleged that the case land originally belonged to one Pyran Bibi who transferred the sam






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