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kuldeep khandelwal (member)     03 January 2014

Seeking supereme court ruling on order 1 rule 10 of cpc

after death of father, son A makes an agreement to sale to party C without division of property between son A and son B. Party C after 30 months file a suit against son A to make sale deed in his favour. Son B move an application of order 1 rule 10 to become defendent. Give ruling of supereme court. 



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 3 Replies

adv.raghavan (Advocate,9444674980)     03 January 2014

C has a case, either A and B  should come forward to do sale deed, or A should refund the money back if C accepts.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 January 2014

search through google,

T. Kalaiselvan, Advocate (Advocate)     03 January 2014

A can sell his undivided portion of the property as a legal heir/co-sharer to C, but he cannot sell the entire property without the consent of other legal heirs/co-sharers, What is the basis of B  filing  an IA Under Order 1 rule 10 and what was the relief sought for by B?,if the sale of the property by A where B has interests and rights in it, is without the consent and authorisation by B, then the sale is illegal and not binding on B,so what is the reason for an application on the referred provision of law?


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