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1989 Supreme(MP) 35

S.K.DUBEY
UMA GUPTA – Appellant
Versus
SUSHILA – Respondent


Advocates Appeared:
S.C.BAGADIYA, V.M.Rege

S. K. DUBEY, J.

( 1 ) THIS is a revision under S. 115 of the C. P. C. against the order dt. 9th Dec. , 1988 passed by the 2nd Additional Judge to the Court of District Judge, Indore, in Civil Original Suit No. 71 of 1988, whereby the plaintiffs application under O. 6, R. 17, C. P. C. for amendment has been rejected.

( 2 ) THE material facts leading to this revision are that the petitioner's husband and respondent No. 1's husband are real brothers. The petitioner's husband is a retired Superintending Engineer of the Public Works Department of the State. The plaintiff - petitioner filed a suit for declaration and injunction in relation to the plot of land situated in Saket Nagar Colony in Village Khajarana, Tehsil and District Indore. According to the plaintiff, this plot was purchased by the plaintiff by a registered deed of sale for Rs. 6,000/- out of her own savings, in the name of defendant No. 1 as the plaintiff and defendant No. 1 are related and defendant No. 1 had ho property in her name at Indore. This transaction was a benami transaction as the real owner was the plaintiff. As the deed was registered in the name of defendant No. 1, defendant No. 1 executed an irrevokable Pow










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