PREMIER MOTORS P LTD Vs. UMA SHANKAR HALWASIYA

JUDGEMENT

(1.) HEARD Sri Brijesh Kumar Saxena, learned counsel for the applicants and Sri A.P. Gaur, learned counsel for the respondents No.1 to 4. The instant civil revision arises out of an order dated 16.03.2009 passed by Additional Civil Judge-III (Senior Division), Lucknow rejecting the application C-381 filed by the defendants-applicants under Order 26 Rule 4 C.P.C. in Regular Suit No.139 of 1989. The submission of the learned counsel for the applicants is that while considering the application C-381, the court below has totally failed to appreciate the provisions of Order 16 Rule 9 C.P.C. as well as Order 26 Rule 1, 2, 3, 4 and 4 (a) C.P.C. and has rejected the application on totally unsustainable grounds. Learned counsel for the applicants further submitted that in rejecting the application C-381 the court below has exercised its jurisdiction with material irregularity. Learned counsel appearing for the respondents No.1 to 4 submitted that the court below has rightly rejected the application C-381 after taking into consideration the material on record and the order passed by the court below does not suffer from any jurisdictional error warranting interference under Section 115 C.P.C. In view of the submissions made by the learned counsel for the parties, this Court is of the view that this matter requires consideration by this Court. Notice on behalf of the respondents No.1 to 4 has been accepted by Sri A.P. Gaur. Issue notice to the respondents No.5 and 6 returnable within three weeks. Learned counsel for the applicants shall take steps for serving the respondents No.5 and 6 within a week. List after three weeks.