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2008 Supreme(All) 2517

TARUN AGARWALA
AJAY SWAROOP MEHROTRA – Appellant
Versus
D. N. RAINA (DECEASED) – Respondent


Advocates:
Counsel :
B.D. Mandhyan, Satish Mandhyan and Udai Chandani for the Petitioner; Shashi Nandan and Arvind Srivastava for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The petitioner is the plaintiff and has filed the suit for a declaration, praying that the sale deed dated 18.5.91 executed by the defendant No. 1, through Power of Attorney holders defendant Nos. 2 and 3, in favour of defendant Nos. 4 and 5 is illegal and a void document. The facts, as culled out from the writ petition in brief is, that the suit was filed in the year 1991 and, all these years, the suit could not proceed as it was bogged down in a controversy as to whether the suit was maintainable or not. It has come on record that the trial Court allowed the application under Order 7 Rule 11 of the C.P.C. which was set aside in the appeal, and thereafter, the matter came to the High Court where it was affirmed, and consequently, after all this exercise, the suit has now proceeded. At the present moment, the stage is set for the leading of the evidence by the parties and, in this scenario, the defendants filed a certified copy of the power of attorney executed by defendant No. 1 in favour of the defendant Nos. 2 and 3, on 16.2.2008. It is relevant to state here that the plaintiff had alleged several grounds in the plaint for declaring the sale de





















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