DALMIYA INDUSTRIES LTD. Vs. JAGMOHAN GUPTA

JUDGEMENT

(1.) IA No.6477/1993.

(2.) THIS is an application by the plaintiff/applicant under Order 1 Rule 10 of the Code of Civil Procedure for impleading Sh.Arun Kumar Jain, s/o.Shri Bimal Pershad Jain, r/o.D -1083, New Friends Colony, New Delhi, karta of Bimal Pershad Jain and Sons, HUF.

(3.) THE plaintiff, Therefore, filed the suit for specific performance making Sh.Bimal Pershad Jain as defendant No.2 (ii) as party to the suit in the plaint dated 15.12.1992. After the institution of the suit the notices were issued to the defendants. On the summons issued, from the service report dated 2.4.1993, it transpired that Sh.Bimal Pershad Jain had expired even before the institution of the suit on 3.8.1991.