LAWS(MPH)-1996-1-9

BABURAM Vs. MAHILA SUDHARANI

Decided On January 11, 1996
BABURAM Appellant
V/S
MAHILA SUDHARANI Respondents

JUDGEMENT

(1.) THE brief facts which have led to the filing of this petition under Article 227 of the Constitution of India be noticed.

(2.) A suit was filed by one Kamal Singh. He died during the pendency of the litigation. His legal heirs were brought on the record. During the pendency of the trial, an application was preferred under Order 1, Rule 10 of the Code of Civil Procedure, 1908, by the present respondents Nos. 8 to 10, Ramprakash, Dhaniram and Ashok Kumar. It was pleaded that on 5th of March, 1991, a part of the land measuring 45' x 21' stood alienated in their favour. The sale was said to have been made by Kamal Singh. On the basis of this plea, these persons wanted to come on record. This application was rejected by the trial Court. A revision was preferred. This has been allowed. It is against the revisional order, the present petition has been preferred.

(3.) THE present petitioners, Baburam, Ramesh and Dangalsingh appeared as defendants in the suit. It is these defendants who are challenging the order passed by the Court below by which the aforementioned persons Ramprakash, Dhaniram and Ashok Kumar have been arrayed as defendants.