LAWS(DLH)-1994-5-40

LAJ BEDI Vs. PARASRAMPURIAS SYNTHETICS LIMITED

Decided On May 24, 1994
LAJ BEDI Appellant
V/S
PARASRAMPURIAS SYNTHETICS LIMITED Respondents

JUDGEMENT

(1.) This is a suit for ejectment and recovery of possession of L-7, N.D.S.E. Part II and recovery on account of mesne profits/damages for use and occupation of the said premises filed by the plaintiffs who are stated to be the legal heirs of the owner of the said property against the deft. company who is stated to be the tenant of the said premises.

(2.) Summons of the suit were served upon the deft. Initially one Mr. P.D. Gupta, Advocate appeared on behalf of the deft. and sought time to file w/s, but later on, he only represented the occupier of the premises, who was stated to be an employee of the deft. co. and moved an application under Order 1 Rule 10 Civil Procedure Code for impleadment of the said person as one of the defts. The said application was ultimately dismissed and it was held that the deft. co. was the only tenant in respect of the premises.

(3.) Thereafter despite service of summons, no body appeared on behalf of the deft. co. and the said deft. co. was proceeded against exparte and the plaintiffs were directed to lead exparte evidence on affidavits.