Civil Appeals Court held that an application is not maintainable against persons not part of the suit and dismissed it, granting liberty to join them later.
Application dismissed; liberty granted to file fresh application to join persons as respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
cas 906-09.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 906 of 2009
IN
SECOND APPEAL NO. 194 OF 2008
Kailas Baban Kodre .. Applicant/Appellant
v/s.
Haribhau Gopala Kodre
since deceased through LRs. & others ..Respondent/s
Mr.P.B.Shah for the Applicant/ Appellant.
Mr.A.B.Tajane i/b. Pallavi Dabholkar for the Respondent Nos.1A, 1B, 4 and 5.
CORAM: R.Y.GANOO, J. DATED : 24th JANUARY 2013.
P.C. :
in contravention of the undertakings are not parties to the suit. Hence this
application is not maintainable. Same is dismissed.
those persons as party respondents. All contentions are left open.
pps 1/1
1 issue framed by the court
Whether the application is maintainable against persons not made parties to the suit.
Kailas Baban Kodre
Haribhau Gopala Kodre
R.Y.GANOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
