MOHIT KUMAR Vs. QUALITY PRINTERS PVT. LTD.

JUDGEMENT

(1.) Caveat No. 938/2014

(2.) THIS petition under Article 227 of the Constitution of India is filed by the plaintiff in the suit impugning the order of the trial court dated 1.10.2014 by which the trial court has rejected an application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (CPC) filed by the petitioner/plaintiff whereby the petitioner/existing sole plaintiff wanted to add the other two co -owners as defendants to the suit.

(3.) A reading of the impugned order shows that the defendant nos. 1 and 2 in the suit, respondents no.1 and 2 herein, had earlier taken an objection in the written statement that the suit is bad for non -joinder of necessary parties being the other legal heirs of late Dr. Swami Rama, however, subsequently that objection with respect to mis -joinder/non -joinder of parties was withdrawn in terms of the statement recorded on behalf of defendant nos. 1 and 2 on 30.8.2014. On the basis of the original objection in the written statement an issue with respect to mis -joinder/non -joinder was framed on 10.5.2014, however, in view of the statement on behalf of defendants no.1 and 2 recorded on 30.8.2014 this issue was deleted. It may be noted that no other defendants in the suit ie the defendant nos. 3 and 4, respondent nos. 3 and 4 herein, had raised any objection as to suit being defective because of mis -joinder/non -joinder of parties.