ABDUL AZIZ Vs. ADDITIONAL DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) HEARD Sri Gautam Kumar Upadhyay, learned counsel for the petitioner. The petitioner is aggrieved by the order dated 2.3.2009 passed by the Additional District & Sessions Judge, Court No. 7, Varanasi in Suit No. 712 of 2008 (Abdul Zahir v. Firm 'KALLYANAM SILKS, Kannur), whereby the application 15Ga filed by the petitioner has been rejected.

(2.) LEARNED counsel for the petitioner states that the plaintiff namely Abdul Zahir filed a Suit No. 712 of 2008 by impleading Firm Kallyanam Silk as defendant No. 1 and the petitioner Abdul Aziz as defendant No. 2 stating that he is partner of the defendant No. 1. LEARNED counsel for the petitioner states that the petitioner is not a partner of the defendant No. 1 Firm and alongwith his application 15Ga for striking out of his name from the array of parties, he has filed a certificate issued by the office of the Assistant Commissioner (KAVT), Special Circle Kannur dated 29.8.2008 on an application under the R.T.I. Act clearly informing that Abdul Aziz is not partner of M/s Kallayanam Silk. He states that in light of the aforesaid evidence, it was clearly established that the petitioner has nothing to do with the Firm and therefore, the Court below ought to have allowed the application and deleted the name of the petitioner as defendant No. 2 from the plaint.