HEMCHANDRA GURUNATH JAVERI Vs. FAST TRACK LOGISTICS

JUDGEMENT

(1.) The civil revision petition is filed challenging the order and decreetal order passed in I.A.No.2 of 2019 in C.O.S.No.1167 of 2022 dtd. 5/7/2022.

(2.) The 5th defendant in the Suit is the revision petitioner herein. The 1st respondent instituted a Suit for recovery of money in C.O.S.No.1167 of 2022. During the pendency of the Suit, the revision petitioner / 7 th defendant filed Interlocutory Application in I.A.No.2 of 2019 in C.O.S.No.1167 of 2022 under Order I Rule 10 (2) Code of Civil Procedure, 1908, to delete / remove the revision petitioner / 7th defendant from the array of parties in the Commercial Suit.

(3.) The learned counsel for the petitioner strenuously contended that the revision petitioner was holding the post of Director and subsequently, resigned from the post and further there are no specific allegations against the revision petitioner. Thus, he became an unnecessary party in the Commercial Suit and thus, the order passed by the Trial Court dismissing the Interlocutory Application is perverse and to be set aside.