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1979 Supreme(P&H) 21

J.M.TANDON
Brij Lal – Appellant
Versus
Vijay Kumar – Respondent


Judgment

1. Vijay Kumar respondent No. 1 filed a suit in forma pauperis for possession of three sets of properties comprising agricultural land and two double storey shops alleging that they belonged to the joint Hindu family of which he and his father (Maman Chand) were members and the latter had made the alienations thereof without consideration and legal necessity and the same were not binding on him. On a preliminary objection raised, the trial court held vide order dated Nov. 10, 1972, that the suit was bad for multifariousness and all the causes of action joined in the single suit could not be conveniently tried. Vijay Kumar was directed to amend the plaint and to continue the suit only in respect of any one of the three sets of properties. Vijay Kumar preferred a revision against the order of the trial court which was admitted and the proceedings in the trial court were stayed. The revision was allowed on Feb. 24, 1977. The order of the trial court dated Oct. 10, 1972, was set aside and a direction was issued to proceed with the suit.

2. Ram Chander and Dalip Singh were impleaded as defendants Nos. 3 and 14 respectively in the suit. Ram Chander died on Nov. 20, 1974, and Dali




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