BHAGWAN DAS Vs. GEETA MAJHI

JUDGEMENT

(1.) THIS writ petition filed under Article 227 of the Constitution is directed against the order dated 26.11.2012 (Annexure P-1). The plaintiffs filed an application under Order 1 Rule 10 (2) read with Section 151 of CPC, for deleting the name of defendants No. 3 and 4.

(2.) SHRI H.K. Shukla, learned counsel for the petitioners, submits that defendants No. 3 and 4, were not represented before the court below. In the said application, it is stated that prayer is made in the suit to set aside the sale deed dated 28.07.2012. Defendants No. 1 and 2 have entered into a compromise with the plaintiffs, wherein they have admitted that sale deed dated 28.07.2012 is a nullity. The court below has rejected the said application.

(3.) I have heard the learned counsel for the parties and perused the record.