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1999 Supreme(All) 1467

D.K.SETH
SAUDUL AZEEZ – Appellant
Versus
DISTRICT JUDGE, GORAKHPUR – Respondent


Advocates Appeared:
A.N.BHARGAVA, K.A.QAYUM, Sudha Pandey

D. K. SETH, J.


( 1 ) IN a suit for partition, the plaintiff had claimed title on the basis of Will executed by one raseeda Khatoon. The parties did not dispute the title of Raseeda Khaloon. The petitioners sought to get themselves impleaded in the suit being O. S. No. 838 of 1995 pending before the learned Additional Civil Judge, Senior Division, Gorakhpur, on the strength of Hibanama, memorandum or Will as the case may be, as pleaded in the application under Order 1, Rule 10. of the Code of Civil Procedure- The plaintiff had filed an application for direction upon the petitioner-applicant for addition of parties to produce the documents on which they had based their claim. By an order dated 18th November, 1997, the said application was allowed and the applicants were directed to produce the documents. Subsequently, the application for addition of parties was dismissed by an order dated 6th April, 1998 on the ground that despite having been given sufficient time, no documents were filed and that on the date 6lh April. 1998. the applicant had absented himself. This order was challenged in revision being Civil Revision No. 160 of 1999. By an order dated 21st July. 1999. the revision




























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