MD.NIZAMUDDIN QUARESHI Vs. KHATIBUR RUB

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against the order dated 20.7.2006 passed by Additional District Judge, Chatra in Title Appeal No. 03 of 2003 whereby he allowed amendment petition filed by defendants -respondents at the appellate stage.

(2.) THE plaintiff -petitioner and respondent No. 12 filed a suit being. Title Suit No. 04 of 1993 for a decree for specific performance of contract directing the respondents to execute and register the sale deed in respect of the land specified in the schedule of the plaint.

(3.) THE defendants filed their written statement and contested the suit alleging. inter alia, that, defendant No. 1 never executed the agreement on behalf of the other co -sharers also, nor assured the plaintiff to get the sale deed executed by the other co -sharers. In fact, defendant No. 1 along with defendant Nos. 2 and 3, negotiated to sell their share only.