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1997 Supreme(MP) 624

T.S.DOABIA
Pahalwan Singh – Appellant
Versus
Leela Bai – Respondent


Advocates:
A.K. Shrivastava for petitioners;
K.N. Gupta for non-petitioners.

ORDER

1. The issue in this petition is as to whether the Court below was justified in proceedings with the trial of the suit which according to the petitioners contained pleas which should have been challenged by filing separate suits. In a nutshell the argument raised is that there is misjoinder of cause of action and also parties. With a view, to sustain his claim, following factual submissions have been made.

2. One Ramsewak, father of the plaintiffs sold different pieces of agricultural land on different occasions to different persons. The date on which sales have been made and the persons to whom these sales were made are noticed below:

Date of Sale Deed To whom Sale Deed was Executed

26.3.1986 Defendant No. 1

26.10.1985 Defendant No.2

10.7.1986 Defendant No.3

26.6.1986 Defendant No.4& 5

27.6.1986 Defendant No.7 & 8

27.6.1986 Three Sale Deeds infavour of defendant No.9, 10 and 11 by 3 Separate Sale Deeds.

27.6.1986

16.6.1987 Defendants No. 12 and 13

8.10.1987

All these sales are being challenged by filing a composite suit. To the adoption of this course, an objection has been taken. This objection is to the effect that sale deeds pertains to diffe















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