Trial court rejected defendants' Order 1 Rule 10 CPC application in Special Civil Suit No.449/2017; petitioners sought writ review of that rejection. Judge held the application cannot be entertained at defendants' instance and dismissed the writ petition.
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2024:BHC-NAG:14194
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
WRIT PETITION NO.6320 OF 2024
(Anita wd/o Subhash Dipani and another Vs. Sau. Poonam w/o Wasudev Kukreja (Rajkumari d/o Wadhumal Dipani)
Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions and Registrar’s Orders.
Court's or Judge's orders.
Mr. C. B. Bhagwani, Advocate for Petitioners.
CORAM: N. R. BORKAR, J. DATE: 22nd NOVEMBER, 2024.
This petition takes exception to the order dated 27.08.2024 passed by learned Civil Judge, Senior Division, Nagpur below Exh.75 in Special Civil Suit No.449/2017. Respondent herein has filed a suit for declaration, eviction, possession, mandatory injunction etc. against the petitioners.
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called for in the impugned order.
4. The petition is dismissed.
(N. R. BORKAR, J.)
NSN
1 issue framed by the court
Whether a defendant may be added as party under Order 1 Rule 10 CPC application in the suit filed by the respondent?
1 provisions across 1 enactments
Anita wd/o Subhash Dipani
another petitioner (unnamed in text)
Sau. Poonam w/o Wasudev Kukreja (Rajkumari d/o Wadhumal Dipani)
N. R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
