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Pashupati Nath v. Jhinkan And Others - WRIT - C No. - 56715 of 2007 [2007] RD-AH 18149 (21 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dilip Gupta, J.

In Original Suit No. 872 of 1993 that had been instituted by the plaintiff-petitioner against Jhinkan Prasad and Sheo Prasad for cancellation of the sale-deed dated 14.5.1981, an impleadment application was filed by Ram Nohore for impleadment as defendant No.3. This impleadment application was allowed by the Trial Court by the order dated 5.8.2004 and the Civil Revision that had been filed to set aside the said order was rejected by the learned Additional District Judge, Basti by the order dated 11.10.2007. This writ petition has been filed for setting aside the aforesaid orders.

I have heard the learned counsel for the petitioner and have examined the materials on record. The defendants had executed a Registered sale-deed in favour of Ram Nihore on 20.9.2002 who, therefore, moved an application under Order 1 Rule 10 CPC which has been allowed by the Trial Court as his presence was necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The Revisional Court has confirmed this order.

Learned counsel for the petitioner has not been able to point out any infirmity in the order passed by the Courts below which may warrant interference by this Court under Article 226/227 of the Constitution.

The writ petition is, accordingly, dismissed.

Dt/- 21.11.2007



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