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specific performance suit decreed for immovabale property. during pendency of suit one defendant died. one of the L.Rs was not impleaded. In E.P. the sale deed was registered in favour of the D.Hr by process of court. Now the E.P. is coming up for delivery of property. Can the L.R. who was omitted to be impleaded in the suit agitate in the E.P. court under section 47 of C.P.C that she is not bound by the decree and that her right in the property which was devolved on her on the death of the deceased defendant remains unaffected and that the E.P. itself is liable to be dismissed for inexecutability?

2007-02-25 02:12:24 · 1 answers · asked by Anonymous in Politics & Government Law & Ethics

1 answers

Yes but why was the court not notified prior to judgment?

2007-02-25 02:28:31 · answer #1 · answered by Lorenzo H 3 · 0 0

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