WHITE WAYS Vs. VIJAY CHOUDHARY

JUDGEMENT

(1.) BY this petition filed under Article 227 of the Constitution of India the petitioner has challenged the order dated 17.3.2007 passed by the Second Additional District Judge, Bhopal in Regular Civil Suit No. 16 -A/2005 cancelling the written statement filed by the petitioner through its partner Vikram Dawar and refusing permission to Vikram Dawar to defend the suit by holding that he is not a necessary party.

(2.) THE respondents No. 1 to 3 (plaintiffs) filed a suit for eviction against the petitioner partnership firm and the fourth respondent joining them in the suit as defendants No. 2 and 1 respectively on various grounds enumerated under section 12 of the M.P. Accommodation Control Act, 1961 (for short 'Act'). The plaintiffs averred that the suit premises is rented for non -residential purpose and the tenant petitioner firm is running its business in the name and style of 'White Ways'. The plaintiffs arrayed the partnership firm White Ways as defendant No. 2 through its partner Rajesh Dawar apart from arraying Rajesh Dawar as defendant No. 1.

(3.) THE trial Court after hearing the parties on the plaintiffs application vide impugned order dated 17.3.2007 allowed the said application filed by the plaintiffs and cancelled (as mentioned in the impugned order) the written statement filed by Vikram Dawar on behalf of defendant No. 2 firm White Ways and refused him permission to defend the suit on behalf of the firm. Feeling aggrieved, the petitioner has filed this petition.