SHAMINA SAHIN HAQUE Vs. SYED SAFIUR RAHMAN

JUDGEMENT

(1.) THIS revision petition is presented by Dr. Shamina Sahin Haque being dissatisfied with the order dated 3.9.2002 passed in T.S. No. 12 of 1996, refusing her impleadment as a party to the suit on the ground that she was a bona fide purchase of the portion of the suit property for value in good faith without notice.

(2.) THE petition is objected by the learned counsel appearing for the respondent -plaintiff, Smti. Syed Safiur Rahman on the ground that the impleadment is a delayed matter, as the suit is pending from 1996 and it is already at a matured stage awaiting final decision. (This is not correct because closing part of the impugned order goes as follows : - 'Fix 9/10/02 for framing of issue'.)

(3.) ON confronting this, the learned counsel for the petitioner has put his full reliance on a decision given by the Hon'ble Apex Court and reported as (1999) 2 SCC 577 (at page 580). The relevant portion goes as follows : -