B.B.JOSHI Vs. M/S SHARMA FOUNDATION

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India emanates from a suit which was originally instituted before this Court as CS (OS) 335/2012 (Sharma Foundation and Anr. v. B B Joshi) and which, consequent to enhancement of the pecuniary jurisdiction of Trial Courts, stands transferred to the Court of the learned Additional District Judge (the learned ADJ), where it was renumbered CS 12/17. Respondent 1 Sharma Foundation and Dr. P. Sharma were the plaintiffs in the suit and the petitioner B B Joshi was the sole defendant.

(2.) The petitioner is aggrieved by order dtd. 15/2/2019 passed by the learned ADJ, whereby an application under Order I Rule 10(2)1 of the Code of Civil Procedure, 1908 (CPC), filed by Dr. Swasti Shrimali Vohra, Rajiv Nair and Dr. Manu Shrimali Sharma, Respondents 2 to 4 herein, has been allowed. By the impugned order, Dr. P. Sharma was deleted from the array of parties and, in his place, Respondents 2 to 4 have been permitted to be impleaded.

(3.) Plaintiff 1 in CS(OS) 335/2012 was Sharma Foundation "through Chairman Dr. P. Sharma". Dr. P. Sharma was separately impleaded as Plaintiff 2.