VINOD KUMAR KAPOOR Vs. SUNIL KUMAR KAPOOR

JUDGEMENT

(1.) Heard Sri Rahul Mishra, learned counsel for the applicant and Sri Sumit Daga, learned counsel for respondent no. 2.

(2.) This revision is directed against order dated 13.12.2012 passed by A.D.J., Court no.10, Meerut in original suit no. 1 of 2004, Sunil Kumar Kapoor Vs. Vinod Kumar Kapoor and others which is a suit under Section 92 C.P.C.

(3.) Initially suit was filed by Sunil Kumar Kapoor and Raj Kumar Kapoor against Vinod Kumar Kapoor and Pramod Kumar Kapoor. (Vinod Kumar Kapoor is applicant in this revision, Pramod Kumar Kapoor is proforma respondent no.3). Permission had been granted by the District Judge Meerut to Sunil kumar Kapoor and Raj Kumar Kapoor to institute the suit under Section 92 C.P.C. Afterwards Raj Kumar Kapoor filed an application that he must be deleted from the array of the parties. Sri Sunil Kumar Kapoor filed an application that Devendra Kumar Katyal be added as plaintiff no.2. Through the impugned order learned A.D.J. allowed the application of Raj Kumar Kapoor and deleted him from array of the parties (as plaintiff no.2). The defendants had filed an application for dismissal of the suit on the ground that as one of the two plaintiffs i.e. Raj Kumar Kapoor had applied for withdrawal from the suit hence suit became incompetent as a suit under Section 92 C.P.C. can not be filed by only one person. Through the impugned order said application was rejected and the application of impleadment of Devendra Kumar Katyal as plaintiff no.2 was allowed.