This court dismissed the civil miscellaneous petition seeking deletion of certain defendants' names. The bench held no prejudicial impact on remaining defendants and plaintiffs cannot be forced to continue suit against their wishes, finding the trial court provided right consideration.
The civil miscellaneous petition stands dismissed for having no merit.
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C.M.P. No.1158 of 2019
Perused the grounds taken in this Civil Miscellaneous Petition and the reasons assigned by the trial court in passing the impugned order. This Court observes, for deletion of name of some of the defendants inter alia taking out the contest against the defendant nos.6 to 12 at the risk of the plaintiff, there cannot be any prejudice to the defendants remained in contest. Further the defendants remained in contest, if need to bring any additional facts for deletion of defendants no.6 to 12, can be permitted to amend their written statement accordingly. Law is also well settled holding that the plaintiff cannot be forced to continue a suit against her wishes. This Court thus finds, there is right consideration of the aspect involved therein by the trial court requiring no interference in the impugned order.
Accordingly this Civil Miscellaneous Petition stands dismissed for having no merit.
…….…………………
(Biswanath Rath, J.)
Ayas
1 issue framed by the court
Whether the trial court erred in dismissing the plaintiff's application to delete names of defendants 6 to 12 after taking out contest.
the plaintiff
defendants nos.6 to 12
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
