JOGY SCARIA Vs. NISSAN MOTORS INDIA PVT LTD

JUDGEMENT

(1.) Present petition has been filed by plaintiff, who is aggrieved by order dtd. 22/5/2024 whereby name of defendant No.1 Company has been deleted from the array of parties.

(2.) The factual matrix of the case has been captured in the impugned order in para 2 which reads as under:-

(3.) After the summons were issued, defendant No.1 appeared before the learned Trial Court. Besides filing written statement, it also moved an application under Order I Rule 10 CPC read with Sec. 151 CPC praying that it"s name be deleted from the array of the parties. It was moved on the premise that no relief had been sought against defendant No.1 and that there was no cause of action qua defendant No.1. It was also stressed before the learned Trial Court that there was no privity of contract of any kind whatsoever between them and the transaction, as alleged in the plaint, had taken place between the plaintiff and defendant No.2.