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2022 Supreme(All) 1590

SARAL SRIVASTAVA
Aslam Qadeer – Appellant
Versus
Nayyar Jahan Raza – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Kumar Anish

JUDGMENT :

1. Heard Sri Kumar Anish, learned counsel for the revisionist.

2. The present revision has been filed by Aslam Qadeer, defendant no.6, in Original Suit No.1003 of 2015 instituted by one Fatima Imran seeking a decree of specific performance of the contract against respondent nos.1 to 3 (defendant nos.1 to 3 in original suit) with further prayer that respondent nos.1 to 3 along with respondent nos.4 to 7 (defendant nos.5 to 8 in original suit) be directed to execute the sale deed.

3. During the pendency of the suit, Nayyar Jahan Raza (defendant no.1) died on 30.01.2021. After the death of Nayyar Jahan Raza, plaintiff/respondent no.8 filed substitution application 144A1/1 under Order 22 Rule 4 read with Section 151 of C.P.C. for substituting the legal heirs of Late Nayyar Jahan Raza.

4. During the pendency of substitution application 144A1/1, Irfan Khan one of the heirs of the Late Nayyar Jahan Raza also died on 30.05.2021. After the death of Ifran Khan, plaintiff/respondent no.8 filed an amendment application 146Ga seeking amendment in the substitution application 144A1/1 which was allowed by the trial court vide order dated 20.04.2022.

5. The order dated 20.04.2022 was challen

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