VIJAY KUMAR GUPTA Vs. OMKAR NATH GUPTA

JUDGEMENT

(1.) By means of this petition, the petitioners have sought the following reliefs:-

(2.) The Original Suit No.7 of 2008, Kailash Nath Gupta and Another Vs. V.K. Gupta and Others, in the court of Civil Judge (Junior Division), Narendra Nagar (Tehri Garhwal ('the suit') was filed by Kailash Nath Gupta and Omkar Nath Gupta as trustees of a trust property seeking declaration and injunction. During the pendency of the suit, the plaintiff no.1 Kailash Nath Gupta died. On an application filed by the plaintiff no.2 (He was Omkar Nath Gupta and he was initially respondent no.1 in the petition), by an order dtd. 23/8/2016, the court allowed the substitution application. The petitioners as well as the father of the respondent no.4 were substituted as plaintiffs in the suit. On the same date, on an application of the defendant no.1 in the suit, he was transposed as plaintiff. Subsequently, the plaintiff no.2 in the suit, Omkar Nath Gupta filed an application for recall of the order dtd. 23/8/2016, by which substitution was permitted. It was moved on the ground that he never moved substitution application. By the impugned order dtd. 10/3/2017, this application was allowed and the court recalled the impugned order dtd. 23/8/2016 by which the substitution was permitted. The order dtd. 10/3/2017 was further unsuccessfully challenged in the revision.

(3.) Heard learned counsel for the parties and perused the record.