SAHEED Vs. GOIND KUMAR

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution of India challenge is made to the order dated 08.05.2017 (Annexure-P-1) whereby the application filed by the respondents/plaintiffs under Order 26 Rule 9 read with Section 151 of the CPC (Annexure-P-4) is allowed by the court below.

(2.) Shri Rajput, learned counsel for the petitioners, submits that the present petitioners/defendant filed a detailed reply to the application preferred under Order 26 Rule 9 r/w Section 151 CPC. The court below without assigning any reason as to why stand taken by the defendants is not trustworthy, allowed the said application. Thus, order is bad in law..

(3.) Shri Sharma, learned counsel for respondent Nos. 1 to 4, supported the impugned order and submits that in the facts and circumstances of the case, the court below has not committed any error in allowing the said application.