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1988 DIGILAW 403 (BOM)

Mir Jabbar AlI v. Marathwada Sanskritik Mandal, Aurangabad, A Public Trust

1988-12-14

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JUDGEMENT 1. This Civil Revision Application is directed against the order rejecting application - Exhibit 290 filed by Mir jabbar AH s/o Mir Ahmed Ali - the petitioner under Order I, Rule 10 of the Code of Civil Procedure read with Section 151 of the said Code for his transposition as plaintiff to one of the defendants. 2. Mir Jabbar Ali, one of the legal representatives of deceased plaintiff Amena Begum was partly examined and when his Examination in-chief was in progress, an application was filed for his transposition as defendant. It is made clear in that application that the said application is bona fide as Mir Jabbar AH is not keeping good relations with the other plaintiffs and it would not be possible for him to continue with them in this litigation any longer. 3. That application was opposed by other defendants contending that the application was mala fide ill-motivated and should be rejected.