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1953 Supreme(All) 231

DESAI
Krishna Behari Goel – Appellant
Versus
Raj Mangal Persad – Respondent


Advocates:
Vindheshwari Pd., for Applicant.

ORDER :- The applicant challenges the order of the trial Court impleading the opposite parties as plaintiffs along with the original plaintiff.

2. The suit was instituted by Sukhhu against the applicant for an injunction to restrain him from interfering with his possession over certain occupancy tenancy. During the pendency of the suit Sukhhu died and Shrimati Surjita and others applied for being brought on the record as his legal representatives. While that application was pending they transferred their interest in the property in dispute to the opposite parties. Thereupon the opposite parties applied for leave of the Court to carry on the suit under O. 22, R. 10. Their application was opposed by the applicant who contended that the assignment of occupancy rights in their favour by Surjita and others was invalid, that under O. 22, R. 10 an assignee from the original plaintiff or defendant can be granted permission, but not an assignee from a legal representative of the original plaintiff and that the right that the plaintiff had claimed was a personal right which did not survive his death. The application of the opposite parties was allowed by the trial Court and the opposite parti









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