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2015 Supreme(All) 264

SUDHIR AGARWAL
RAM NARESH – Appellant
Versus
ADDITIONAL DISTRICT JUDGE, DEORIA – Respondent


Advocates:
Counsel :
Manish Nigam for the Petitioner.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Manish Nigam, Advocate, for petitioner. None has put in appearance on behalf of respondent Nos. 3 and 4, despite notice. Therefore, this writ petition was heard ex parte and judgment was reserved.

2. The writ petition is directed against order dated 7.9.2010 passed by Additional Civil Judge (Junior Division), Court No. 12, Deoria, rejecting application No. 111KA2 filed by plaintiff under Order 6 Rule 17 C.P.C. for seeking impleadment of Sri Vijay Pratap, Ram Pravesh and Ajay, as defendants No. 5, 6 and 7, and for addition of certain paragraphs in the plaint, bringing on record subsequent facts of transfer of property in dispute by defendants No. 3 and 4 in favour of respondent Nos. 5 to 7 vide sale-deed dated 10.12.1999. The writ petition is also directed against revisional order dated 25.1.2012 passed by Additional District Judge, Court No. 15, Deoria, dismissing petitioner’s Revision and confirming Trial Court’s order dated 7.9.2010.

3. The facts in brief, giving rise to present dispute, are as under.

4. Petitioner, Ram Naresh, instituted Original Suit No. 1697 of 1983, for specific performance of contract, by enforcing agreement dated
















































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