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2008 Supreme(MP) 937

K.K.LAHOTI
Shanti – Appellant
Versus
Lakshman – Respondent


Advocates:
S.K. Dwivedi for appellants; Vikram Johri for respondents.

JUDGMENT

Lahoti, J. -- 1. This is plaintiff's appeal who succeeded in Civil Suit No. 18-A/89 before the Civil Judge Class-II, Ajaygarh on 22.7.1992 but lost in Civil Appeal No. 48-A/1992 on 3.2.1993 by Additional Judge to the court of District Judge, Panna.

2. This appeal was filed on 17.3.1993 and admitted for final hearing on 30.9.1993, on the following substantial questions of law:

(i) "Whether in view of the judgment and decree passed in Civil Suit No. 56-A of 1972 decided on 9.4.1975, the finding that Shanti Bai is not daughter of Maniram is perverse?

(ii) Whether judgment and findings arrived between the predecessor in-title of the respondent and appellant No.1 in Civil Suit No. 56-AI 72 (Ex. P-l) will operate as res judicata?"

3. The appellants have filed an application under Order 1 Rule 10 CPC (LA. No. 182/2008) on 3.1.2008 praying for impleadment of Smt. Bitti, Mulli and Sunti as respondents in the present appeal. This application was filed on the ground that present appeal was preferred by plaintiffs Smt. Shanti and Kewaldeen, but other co-plaintiffs Smt. Bitti and Smt. Mulli, and defendant Sunti had not chosen to prefer an appeal, so they are required to be implead












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