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2016 Supreme(All) 3084

RAM SURAT RAM (MAURYA)
Jaitun – Appellant
Versus
Amit Kumar – Respondent


Advocates Appeared:
For the Petitioner:- Tarun Kumar Tiwari,Manu Sharma

JUDGMENT

Ram Surat Ram (Maurya),J.

1. Heard Sri Tarun Kumar Tiwari for the petitioners.

2. This petition has been filed for setting aside the order of Additional Civil Judge(Senior Division) dated 19.5.2014 and Additional District Judge dated 18.01.2016. By the impugned orders the application for impleadment filed by Amit Kumar and Awnish Kumar, respondents-1 and 2, in O.S. No.281 of 1999 (Smt. Jaitun and others vs. Atar Singh and another) has been allowed and the revision filed by the petitioners has been dismissed.

3. Amit Kumar and Awnish Kumar filed an application for impleadment stating therein that Atar Singh has executed a sale deed dated 28.2.2007 and thereafter 14.3.2008 of the land in dispute. Thus, interest has been assigned to them during pendency of the suit as such they were entitled to be impleaded as defendants in the suit. The trial court has allowed the impleadment application by order dated 19.5.2014 and revision filed by the petitioners against the aforesaid has been dismissed by order dated 18.1.2016.

4. The counsel for the petitioners submits that during pendency of the suit without leave of the court subject matter of suit cannot be transferred in view of Sect














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