Section 42 Civil Procedure Code (v. 1908), Section 12 (2) A third person claiming to own the suit land, the applicants, on the basis of the affidavit under section 12 (2) ), Filed an application under CPC. The request between the parties was specifically dismissed. The applicant was very close to the defendants in the mess. The applicant was the wife of one witness (the defendant) and the niece of the other. Claiming that the applicant's claim to his property with the disputed land was beyond any comprehension, in this case the allegation of fraud, misrepresentation or cohabitation was not convinced in the circumstances. issue r \ n Excluded properly without creating a case and recording the evidence of the parties
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