RAM SUCHIT Vs. 1ST ADDL DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) This writ petition has been filed by Ram Suchit and Ram Sumer sons of Baldeo and is directed against an order of the I Additional District Judge, Gorakhpur, whereby he has allowed Civil Revision No. 44 of 1981, Chhedi v. Basdeo and 2 others, and as a result of the revisional order, the petitioners' application for being impleaded as parties in Suit No. 153 of 1979 stood dismissed.

(2.) The short facts of the case are that Basdeo, the respondent No. 3, was the owner of the half share of Plot No. 256 having a total area of 1.88 Acres. According to the petitioners, Basdeo executed a sale deed in their favour on 26-11-1977 for .03 decimal land. Thereafter on 5-12-1977 he executed a sale deed of another .03 decimal of land in favour of Chhedi.

(3.) Chhedi instituted Suit No. 153 of 1979 for rectification of the sale deed dated 5-12-1977 executed by Basdeo in favour of the respondent Chhedi, inter alia, on the ground that the reference to .03 decimal of the area should be deleted from the sale deed, the sale consideration should be mentioned as 15,000 rupees and another area of land possessed by Basdeo in plot No. 256 which was half of 1.88 Acres, shall be deemed to be sold in favour of Chhedi.