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1972 Supreme(All) 272

K.B.ASTHANA, A.K.KIRTY, C.D.PAREKH
Ganesh – Appellant
Versus
Ram Lalaji Mahraj Birajman Mandir – Respondent


Advocates:
J.N. Agarwala, for Appellant; S.P. Kumar, for Respondents.

Judgement

KIRTY, J.:- These two applications having been referred to a Full Bench by the learned Acting Chief Justice by an order dated 28-7-1972 have come up before us. Application No. 3303 of 1970 was filed on 14-5-1970 under Section 151 of the Code of Civil Procedure. The other application filed on 23-3-1969 is under Sections 151 and 152 of the Code of Civil Procedure. Before the learned Acting Chief Justice a contention was raised that Sections 151 and 152 of the Code of Civil Procedure were not applicable. In support of this contention reliance was placed on Shujaatmand Khan v. Govind Behari, (AIR 1934 All 100 (2) ). On behalf of the applicant, however, reliance was placed on Ruhulghane v. B. Uma Shankar, (AIR 1944 Oudh 5). In view of the apparent conflict between the decisions in these two cases reference to a Full Bench was made by the learned Acting Chief Justice.

2. Suit No. 254 of 1952 was instituted by the applicant against Ram Lal, Ganesh and Smt. Saraswati, inter alia, for possession of a house described at the foot of the plaint. The house, which was the subject-matter of the suit, was purchased by the plaintiff from Panna Lal under a sale deed dated 8th June, 1950. Pan






















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