2010 (5) TMI 964

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..... n), Dhuri, whereby, application filed by the petitioner under Order 1 Rule 10 of Code of Civil Procedure for impleading him as party in the suit, was dismissed. 2. Badan Singh-respondent No.1 filed suit against Ajmer Singh-respondent No.2 for specific performance of a contract for sale of land measuring 2 bighas 3 biswas comprised in khasra No.2031 situated in village Dhuri. The petitioner who is .....

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..... SC and Bharat Karondas Thakkar vs. M/s. Kiran Construction Co. others [2008(5) LAW HERALD (SC) 3067] : 2008(2) CCC 561 SC. 5. In Sumtibai's case (supra) Hon'ble Supreme Court after commenting upon Kasturi's case (supra) held as under:- In view of the aforesaid decisions, we are of the opinion that Kasturi's case (supra) is clearly distinguishable. In our opinion it cannot be la .....

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..... 15 of the Specific Relief Act. Indeed, the petitioner has been able to show semblance of title in the property in dispute and as such, Sumtibai's case (supra) is applicable to the facts of the case on all fours. 7. Above being the legal and factual position, the revision petition is accepted. Order under challenge is set-aside. The petitioner is allowed to be impleaded as party to the suit.< .....

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