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1994 Supreme(MP) 410

S.K.DUBEY
KAMTA PRASAD – Appellant
Versus
VIDYAWATI – Respondent


Advocates Appeared:
K.N.Gupta, R.A.RAMAN, V.S.CHAUDHARY

S. K. DUBEY, J.

( 1 ) THIS revision is by the pendente lite purchasers against the order dated 30-6-1992, passed in Civil Suit No. 5a of 1990 by the Fourth Additional Judge to the Court of District Judge, Bhind, whereby the application of the petitioners under Order I, Rule 10, CPC and under Order XXII, Rule 10, CPC was dismissed.

( 2 ) THE necessary facts giving rise to this petition are these. The plaintiff-respondent No. 1 and the defendants-respondents No. 2 and 3, are the members of the one family. The plaintiff instituted a suit for partition and injunction and for possession of her share in agricultural land and a house. After notice the defendants appeared in the suit and sought time for filing written statement and for that the case was adjourned from time to time. During the pendency of the suit, the defendant No. 2, Ramdulare executed two sale-deeds on 18-9-1991 in favour of the petitioners, transferring 11 Bighas and 6 Biswas which was part of the suit land of 17 Bighas, 16 Biswas, situated at village Khuri, District Behind. Out of the two sale-deeds, one was for Rs. 87,000/- and another was for Rupees 35,500/ -. After execution of the sale-deeds and transfer of the part


















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