MEERA JAIN Vs. ANITA GUPTA

JUDGEMENT

(1.) An application under Order VII Rule 11 read with Sec. 151 of Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"), has been filed on behalf of the defendant No.1 for rejection of the plaint dtd. 17/8/2017 (sic) 2018.

(2.) It is submitted in the application that the plaintiffs had originally filed a suit for Permanent and Mandatory Injunction in which Smt. Sundari Devi Garg was defendant No. 1. However, on the application of the plaintiffs vide Order dtd. 18/8/2015 her name was deleted from the array of parties, by this Court. Amended memo of parties was also filed on 15/5/2017.

(3.) Thereafter, the plaintiffs filed an application under Order VI Rule 17 CPC for amendment of the suit which was allowed and the amended plaint titled as "Smt. Meera Jain and Anr. Vs. Smt. Sundari Devi Garg and Ors." was filed. Despite the name of Smt. Sundari Devi Garg having deleted, she was again mentioned as defendant No.1 in the amended plaint. There were allegations and averments made against her in the plaint and even the relief had been sought against her vide Prayer (a). It is asserted that the malafides of the plaintiffs in writ large as much as despite knowing that Smt. Sundari Devi Garg has been deleted, still in order to confuse and mislead, the plaintiffs have filed an amended suit by making Smt. Sundari Devi Garg as a party. There is no order/ direction of this Court directing reimpleadment of Smt. Sundari Devi Garg.