Court dismissed appeal for nonjoinder of necessary parties. Appeal bad due to subsequent transferees not being made parties despite earlier disclosure. Interim order vacated, no costs.
Interim order, if any, stood vacated. No order as to costs.
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24 15.03.2023
FA 241 of 2006
Ct-08
Sri Rajindra Kumar Dalmia Vs. Larsen & Toubro Ltd. & Anr.
ar
The parties are not represented. The appellant had remained unrepresented since 13th June, 2022. Even on the earlier occasion the appellant was unrepresented.
We have carefully read the judgment of the trial court. It seems that subsequent transferees have not been made parties in the suit, although the said fact was disclosed by the defendant in its letter dated 15th December, 1994. This being the admitted position, this appeal is bad for nonjoinder of necessary parties.
On such consideration, this appeal stands dismissed.
Interim order, if any, stands vacated.
There will be no order as to costs.
(Uday Kumar, J.) (Soumen Sen, J.)
2
2 issues framed by the court
Whether the appeal is maintainable in the absence of subsequent transferees as necessary parties.
Whether the defect of nonjoinder can be cured.
Sri Rajindra Kumar Dalmia
Larsen & Toubro Ltd.
Uday Kumar
Soumen Sen
As recorded by the court registry
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