MOHINDER JEET SINGH Vs. BMW INDIA PVT LTD

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is filed by the plaintiff in CS No. 7860/2016, challenging an order dated 21.09.2017, passed by the ADJ-06 (South East), Saket Courts, New Delhi, whereby the Trial Court has deleted the defendants no. 4 and 5 (being the respondents no. 1 and 2 herein) from the array of parties in the suit.

(2.) The plaintiff filed the suit on 24.12.2014 with regard to allegation of certain defects in a second-hand car (BMW 320D, 2011 model, bearing registration number DL3C AM 7007) purchased by him on 12.03.2014. He sought recovery of a sum of Rs.19,80,000/- and interest thereupon. The plaintiff arrayed six parties as defendants in the suit: -

(3.) It is discernible from the plaint that the plaintiff had purchased the car from defendant no. 1, which is a dealer in second-hand cars. Defendant no. 2 is the previous owner of the car purchased by the plaintiff. Defendant no. 3 is the insurance company with which the car was insured, which had repudiated the plaintiff's claim under the insurance policy. Defendant no. 4 is the manufacturer of the car, and defendant no. 5 is its authorised dealer. Defendant no. 6 is the agency which is alleged to have inspected the car prior to its purchase by the plaintiff.