BIBI ZUBAIDA KHATOON Vs. NABI HASSAN SAHEB

JUDGEMENT

(1.) These appeals are directed against a common judgment dated 28-7-1997 passed by High Court of Patna in two revisions under S. 115 of the Code of Civil Procedure (hereinafter referred to as the Code).

(2.) In the cross suits, one filed for redemption of mortgage and the other filed for specific performance of Agreement of Sale, the petitioner made two applications, for her the petitioner made two applications, for her impleadment as co-plaintiff in one suit and defendant in the other. Third application was filed for amendment of the pleadings consequent to her proposed joinder as a party in the two suits. The three applications were made respectively under O. 1, R. 10, O. 22, R. 10 and O. 6, R. 17 of the Code.

(3.) According to the petitioner during pendency of the suits, she has purchased the suit property in the year 1996 from the original plaintiff-Amichand Agarwal and has, thus, acquired in his place the right of redemption of the mortgaged suit property. In the cross suit of the opposite party seeking specific performance of the Agreement of Sale based on the same acquisition of title during pendency of suit, joinder was sought to that suit as defendant.