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1995 Supreme(All) 107

D.S.SINHA
INDIRA FRUITS AND GENERAL MARKET, MEERUT – Appellant
Versus
BIJENDRA KUMAR GUPTA – Respondent


Advocates Appeared:
Dhruva Narayana, PANKAJ MITTAL, VIVEK CHAUDHARY

D. S. SINHA, J.

( 1 ) HEARD Sri Pankaj Mithal, learned counsel appearing for the applicant and Sri Dhruva Narayana, learned counsel representing the plaintiff-opposite parties Nos. 1 and 2.

( 2 ) BY means of this revision, under S. 115 is of the Code of Civil Procedure, 1908, hereinafter called the code, the appellant seeks to challenge the order dated 15/10/1990 rejecting its application for impleadment, as defendant in the Original Suit No. 1563 of 1990 between opposite parties Nos. 1 and 2 and the defendant-opposite parties Nos. 3, 4 and 5 pending in the court of Civil Judge, Meerut. The suit is one for injunction against the defendant-opposite parties Nos. 3, 4 and 5 for restraining them from interfering with the possession of the plaintiff-opposite parties over the vacant land of Bungalow No. (sic ).

( 3 ) THE applicant sought its impleadment to the suit as defendant, principally, on the ground that it had entered into agreement of sale with the defendant-opposite party No. 5, Smt. Prem Lata, through her attorney in respect of a part of the land in suit.

( 4 ) THE court below has found it, as a matter of fact, that the agreement of sale relied upon by the applicant was entered






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