NAZMA KHATOON & OTHERS Vs. BIBI HALIMA KHATOON

JUDGEMENT

(1.) THIS application is moved by the defendants -appellants seeking permission to Implead Md. Sabir Hussain, son of Md. Manser Khan, resident of village Madarsa Road, Sisai, Thana Sisai, District Gumla as party respondent, in view of the fact that despite undertaking furnished by the learned counsel appearing for the plaintiff -respondent before this Court as recorded in order dated 19.02.2001, the plaintiff -respondent has sold the property in favour of Md. Sabir Hussain vide registered sale deed dated 24.05.2012. Although plaintiff or the appellant as the case may be is not under legal obligation to implead pendente -lite transferee a party, however, in view of the fact that transfer is made by the sole plaintiff, despite undertaking furnished before this Court as recorded in order dated 19.2.2001 transferee pendente -lite Md. Sabir Hussain may be permitted to be added as one of party respondent.

(2.) I .A. No. 2749 of 2012 is allowed. Let necessary amendment be carried out in the memo of parties during the course of the day.

(3.) LEARNED counsel appearing for the plaintiff - respondent contends that after vacation of the stay of the execution vide order dated 31.8.1998, plaintiff - respondent was put on the possession of the property in question by the Executing Court.