G. S. RAJARAM Vs. G. N. MURALIDHARA

JUDGEMENT

(1.) This appeal is filed under Sec. 96 of CPC challenging the judgment and decree dtd. 16/7/2008, passed by the XXII Addl. City Civil Judge, Bengaluru in O.S.No.8800/1997, whereby the suit filed by the plaintiff is decreed.

(2.) The appellant herein claims to be the purchaser of the suit schedule property by registered sale deed dtd. 18/12/2000, for a consideration of Rs.15,00,000.00 from defendants No.1 to 6 and their father. The plaintiff who is respondent No.1 herein has filed a suit for partition and separate possession in respect of the suit schedule property. On service of summons, defendants 3, 5 and 6 have filed a common written statement contending that the suit schedule property has been sold in favour of one Rajaram, who is the appellant No.1 herein for a sum of Rs.15,00,000.00.

(3.) Inspite of taking a specific contention in the written statement, the appellant No.1 has not been made as a party in the suit. With the leave of the Court, the appellant has filed this appeal before this Court. Learned counsel for the appellant has submitted that, if this Court remand the matter to the trial Court to give opportunity to the appellant, he may defend his case.