GOPAL AND 2 ORS. Vs. DINANATH SINGH AND 3 ORS.
LAWS(ALL)-2015-2-335
HIGH COURT OF ALLAHABAD
Decided on February 23,2015

Gopal And 2 Ors. Appellant
VERSUS
Dinanath Singh And 3 Ors. Respondents

JUDGEMENT

Ashwani Kumar Mishra, J. - (1.) An objection under Section 47 CPC has been filed by the petitioners, which was rejected. Such rejection has been challenged in revision, which is pending.
(2.) An application for amendment in the objection under Section 47 CPC has been moved on the ground that certain important averments could not be brought on record. The revisional court has rejected the application by observing that the issues which are sought to be raised by amendment, are already on record of the objection and, therefore, amendment is liable to be rejected.
(3.) Learned counsel for the petitioners has invited the attention of the Court to the amendment proposed, according to which Moti was not the exclusive owner and, therefore, he has no right to inter into agreement for sale of the property and the decree of specific performance was nullity.;


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