VINOD KUMAR BAKSHI Vs. RAJAN KAPOOR

JUDGEMENT

(1.) Vide order dated November 26, 2013 various applications have been decided by the learned Single Judge, two of which are IA No.853/2013 and IA No.11351/2013. Whereas IA No.853/2013 was filed by plaintiff No.1, IA No.11351/2013 jointly by plaintiff No.2 and defendants No.1 and 3. The former application was filed under Order XII Rule 6 of the Code of Civil Procedure, the latter was filed under Order XXIII Rule 3 of the Code of Civil Procedure. IA No.853/2013 has been allowed. Decree on admission has been passed in favour of plaintiff No.1. IA No.11351/2013 has been dismissed.

(2.) Laying a challenge to the impugned order in so far IA No.853/2013 was allowed, the appellant had filed RFA (OS) No.8/2014 which was dismissed vide order dated January 13, 2014. In the instant appeal the impugned order has been challenged in so far IA No.11351/2013 has been dismissed. Hearing of the instant appeal was being deferred because the Division Bench was informed that the appellant has filed a petition for Special Leave to Appeal before the Supreme Court against the decision dated January 13, 2014 dismissing RFA (OS) No.8/2014 inasmuch as learned counsel for the parties conceded that the issue raised in the instant appeal is squarely covered by the decision dated January 13, 2014 in RFA (OS) No.8/2014, but today learned counsel for the appellant disputes said fact and urges that the instant appeal may be heard on merits. Thus, we proceed to note the facts relevant for adjudicating the present appeal.

(3.) The parties to the suit would be : Sh.Rajan Kapoor (plaintiff No.1), Sh.S.N.Puri (plaintiff No.2), M/s.Simran Rasoi and Caterers, a partnership firm (defendant No.1), Dev Dass Bhalla, partner of defendant No.1 (defendant No.2) and Vinod Kumar Bakshi, the second partner of defendant No.1 (defendant No.3). The appellant in the appeal is Vinod Kumar Bakshi.