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2009 Supreme(P&H) 1976

HEMANT GUPTA
Manju Goenka – Appellant
Versus
Rajesh Kumar – Respondent


Judgment

1. Challenge in the present revision petition is to the order passed by the learned trial Court on 21-11-2005, whereby an application filed by the petitioners under Order 1, Rule 10, CPC, was dismissed.

2. Plaintiff-respondent Nos. 1 and 2 filed a suit for specific performance of an agreement to sell dated 25-9-1989 allegedly executed by the eight legal representatives of deceased-Chandgi Ram in respect of land measuring 48 Kanals 10 marlas. The suit was filed on 27-10-1995.

3. Before the filing of the suit, six legal representatives of the deceased-Chandgi Ram have executed sale deed in respect of their 3/4th share i.e. 36 Kanals 71/2 Marias on 15-6-1995 in favour of the plaintiffs. The suit for specific performance was filed in respect of remaining share of two legal representatives of deceased-Chandgi Ram i.e. l/4th of the total share.

4. When the case was fixed for evidence of the plaintiffs, when the petitioners moved an application for their impleadment as defendants on the allegations that they have purchased the suit property vide registered sale deed dated 9-9-2004 in pursuance of the agreements to sell dated 8-6-1989 and 20-3-1991. The said application has been de



































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