YAHOO SOFTWARE DEVELOPMENT INDIA PRIVATE LIMITED, TORREY PINES, EMBASSY GOLD LINKS, BUSINESS PARK, OFF INDIRANAGAR - KORAMANGALA INTERMEDIATE RING ROAD, BANGALORE-560071 REPT BY ITS AUTHORIZED SIGNATORY MR. MANISH SHAH Vs. K.S. SUNIL GUPTA S/O.

JUDGEMENT

(1.) THE respondent filed a suit for specific performance. During the pendency of the suit, LA. No. VII was filed by the plaintiff under order I Rule 1');">10 of the Code of Civil Procedure, seeking to implead the proposed defendant as mentioned therein. By the impugned order, the same was allowed. Hence, the present petition by the proposed defendant No. 19. Smt. Nalina Maye Gowda, Learned Counsel appearing for the petitioner contends that the petitioner has not been heard while allowing the application and hence the impugned order is bad in law and liable to be set aside.

(2.) ON considering the impugned order, it could be seen that the application has not been considered on merits. The application was allowed by a single line order, which is wholly impermissible. Every application that has been filed would necessarily require to be considered by assigning proper reasons. The Trial Court has failed to do so. Hence, the said order is unsustainable.