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1987 Supreme(All) 566

V.K.MEHROTRA
Sarwari Begum – Appellant
Versus
Abdul Majid – Respondent


Advocates appeared:
Pankaj Mishra, S.U. Khan

JUDGMENT

V. K. Mehrotra, J.

1. Applicant Smt. Sarwari Begum, who is plaintiff in 'Original Suit No. 63 of 1985 instituted by her in the court of Civil Judge, Aligarh in which Abdul Mukim and Smt. Amina Begum were impleaded by her as defendants, has approached this Court for relief against the order passed by the learned Civil Judge on October 7, 1985. By this order, the learned Judge permitted some persons to be impleaded as defendants in the suit after the court had verified the compromise between the plaintiff and the two defendants. The court below felt that, inasmuch as, the applicants for impleadment claim a share in the property in suit, they should be permitted to be impleaded so that complete justice may be done in the matter.

2. The revision was filed in this Court with considerable delay. In the application made under section 5 of the Limitation Act, the plaintiff-applicant has explained the reasons why she could not approach the court earlier. The parties who have been permitted to be impleaded as defendants in the suit by the impugned order, have appeared in this Court. They have opposed the prayer for condonation of delay. Sri Pankaj Misra, appearing for the plaintiff-a




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