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1968 Supreme(P&H) 5

R.S.SARKARIA
Banarsi Dass Durga Prashad – Appellant
Versus
Panna Lal Ram Richhpal Oswal – Respondent


Judgment

, J.

1. This is a civil revision directed against an order, dated 28th December, 1967, of the Senior Subordinate Judge. Narnaul. Dismissing the application of the petitioner, Banarsi Dass, under Order 1 Rule 10. Civil Procedure Code, for being impleaded as a defendant in Suit No. 326 instituted by Panna Lal and Banwari Lal against Smt. Chameli.

2. Shri Banarsi Dass had instituted suit in the Court of the Subordinate Judge at Narnaul for specific performance of a contract of sale against Smt. Chameli, widow of Udha Ram. During the pendency of that suit, Panna Lal and Banwari Lal instituted the aforesaid Suit No. 326, dated 18th November, 1967, against Smt. Chameli for a permanent injunction restraining her from interfering with the possession of the plaintiffs over a Chabutra 41/2sq. ft. in area, shown in the map annexed to the plaint. In the alternative , they prayed for possession of that property. In his application under Order 1, Rule 10. Civil Procedure Code, Banarsi Dass alleged that this Chabutra was a part of the property, which was the subject mater of hi suit for specific performance of contract against Smt. Chameli. He further averred that the suit brought by Pann










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