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PAHALWAN SINGH V /S LEELA BAI 1999 (1) J.L.J. 349 where a person sold different pieces of land on different occasions to different persons all these sales were challenged by filing a composit suit . in case of KANHAIYALAL V/S KESHODAS A I R 1961 M.P. 46 , it was observed that two conditions must be satisfied before two or more defendants can be joined in the same suit. These conditions are indicated as under : -- [1] A right to relief against them arises in respect of the same act or transaction, or series of acts; and [2] if separate suits were instituted against the defendant's, any common question of law or fact would arise Therefore filing of one suit against such transactions of sale made in favour of different persons would be bad in view of the provisions of order 2 rule 3.
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Copyright © 2001 rajeev bhatjiwale
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