JUDGEMENT
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(1.)THIS petition is directed against the order passed by the Court below permitting the subsequent purchaser of the suit property to be brought on record as party to the proceedings and thereby it has permitted the amendment to be carried out in the application and also in the reply thereof.
(2.)THE petitioner is the judgment debtor. It is contended by the petitioner's counsel that under Order 21, Rule 16, C.P.C., the predecessor in title i.e. non -petitioner No. 1 had not transferred the decree obtained by him against the petitioner but had transferred only the case in favour of non -petitioner 4 and 5 and, therefore, non -petitioners could not be brought on record. Non -petitioner No. 1 had moved the application in the Court below submitting that since the suit house was sold away by him to non -petitioners 4 and 5, their names be brought on record.
In the sale -deed there is averment of the transfer of the case pending in the Court below, which means that the right and interest held by non -petitioner No. 1 was transferred by him in favour of non -petitioners 4 and 5, which is the requirement of the Order 21, Rule 16 of C.P.C.
(3.)IN this view, I have found no illegality in the impugned order nor there is any jurisdictional error. The petition is without merit and is summarily dismissed.
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