SUMER SINGH SALKAN Vs. RANJEET NARAYAN

JUDGEMENT

(1.) Following a matrimonial dispute between Sumer Singh Salkan and Reema Salkan, a complaint was made by Reema Salkan to the CAW Cell on March 06, 2003 which resulted in registration of FIR No. 127/2003 dated April 22, 2003 under Sections 498A/406/34 IPC at PS Alipur, Delhi.

(2.) During the course of investigation in the said FIR, Look Out Circular (LOC) and Red Corner Notice (RCN) were issued against Sumer Singh Salkan resulting in the filing of a civil suit being CS(OS) No.2315/2011 for damages for Rs.50 lakhs with interest pendent lite and future @ 12% per annum on account of defamation and malicious prosecution by Sumer Singh Salkan impleading Reema Salkan as defendant No.1, Assistant Director, Interpol, CBI as defendant No.2, Dr.R.K.Bansal, ACP Sub - Division Narela, as defendant No.3, Rupin Sharma, IPS, Head Quarters R&AW, as defendant No.4, R.S.Yadav, Additional Deputy Commissioner of Police, North West District, Delhi as defendant No.5, Ranjeet Narayan, Special Commissioner, Crime Branch Delhi Police as defendant No.6 and Vikram Singh Mann, Superintendent of Police, Vizianagaram, Andhra Pradesh as defendant No.7.

(3.) Ranjeet Narayan, defendant No.6 and R.S.Yadav defendant No.5 in the suit filed two applications being IA Nos. 3401/2013 and 12048/2013 respectively under Order 1 Rule 10 CPC read with Section 151 CPC seeking deletion of their names from the array of parties. Vide the impugned order dated February 20, 2015 the learned Single Judge decided both the applications dismissing the application of R.S.Yadav declining him to delete from the array of parties and allowing the application of Ranjeet Narayan deleting him from the array of parties. Thus the two appeals before this Court one by R.S.Yadav being FAO(OS)157/2015 against dismissal of his application and the other by Sumer Singh Salkan being FAO(OS) No.238/2015 against the order allowing the application of Ranjeet Narayan.