LAWS(P&H)-2022-4-20

SHREE BHAGWATI ROAD LINES Vs. GBTL LIMITED

Decided On April 07, 2022
Shree Bhagwati Road Lines Appellant
V/S
Gbtl Limited Respondents

JUDGEMENT

(1.) By way of the instant revision-petition, the petitioners (arrayed as defendants No.3 and 4 in the Civil Suit) lay challenge to the order dtd. 11/3/2022 (Annexure P-7) passed by learned Civil Judge (Junior Division), Bhiwani (for short 'the trial Court') whereby the application moved by them under Order 1 Rule 10 CPC for impleading M/s Gill Sindu Transport Company as defendant No.5 in the Civil Suit, has been dismissed.

(2.) As per the brief factual-matrix culminating in the filing of the present revision petition, respondent No. 1-plaintiff filed a Civil Suit against the petitioners-defendants and proforma respondents No.2 and 3 (defendants No.l and 2 in the Civil Suit) for seeking a decree for recovery of Rs.34,98,260.70 Ps. with cost. The petitioners moved the above-said application, while averring that the proposed defendant-Company had transported 50 bags of the fabrics of the plaintiff-Company through them and had delivered the same to the authorised consignee at Delhi and therefore, this transport Company is also required to be impleaded as defendant for the just and proper adjudication of the real controversy between the parties in the Civil Suit. Vide the impugned order Annexure P-7, the said application has been rejected.

(3.) I have heard learned counsel for the petitioners and have also perused the file carefully.