High Court of Judicature at Allahabad
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Smt. Shahjahan Khatoon v. Musammat Alia Bibi And Others - WRIT - C No. 17019 of 2006  RD-AH 6810 (28 March 2006)
Hon. Sunil Ambwani, J.
The defence of Abu Rashid was struck of as he did not file original power of attorney and original sale deed, which was executed at Calcutta. Now the same person has been allowed to file the written statement as heirs of Musammat Wakia Bibi, defendant No.3, the original owner of the property and grand mother of both the parties.
It is contended that though the legal heirs have an independent right to file written statement, but where the same heirs have lost the right in the capacity of a vendor to file written statement on the ground that they had not complied with the order of the Court in brining the original sale deed on record, they cannot be allowed to file written statement independently.
Issue notice to the respondents. Steps within a week. List on second week of May, 2006. Untill 26.5.2006 further proceedings in suit No.1298/93 shall remain stayed.
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