GANESH GENERAL INDUSTRIES Vs. GURPAL SINGH

JUDGEMENT

(1.) The petitioner impugns the order of the trial Court dated January 24, 1985, whereby it has allowed the application of the plaintiff-respondent filed under Order 6, Rule 17 of the Code of Civil Procedure.

(2.) Briefly the fact are that the plaintiff filed the present suit to pre-empt the sale made by Dharam Singh in favour of the petitioner, i.e., M/s Ganesh General Industries. The sale had been effected in favour of the vendee firm through its partners Joginder Singh son of Harnam Singh. While drafting the plaint, the vendee has been described as Ganesh Industries alias Ganesh Rice Mills through its partner Jaswant Singh son of Harnam Singh. In addition to this Joginder Singh son of Harnam Singh as partner of the petitioner firm has also been impleaded as defendant No. 2. During the trial, an objection was taken by the petitioner in its written statement dated September 21, 1984 that the real vendee, i.e., M/s Ganesh General Industries has not been impleaded as a defendant and, therefore, the suit is liable to be dismissed. Thereafter the plaintiff moved the present application on December 27, 1984 pointing out therein that the above noted two defendants had been impleaded as a result of certain confusion and the plaintiff be allowed to continue the suit against M/s Ganesh General Industries, Shahabad, through its partner Joginder Singh son of Harnam Singh. It is this prayer of the plaintiff which has been accepted by the trial Court.

(3.) The present challenge to the impugned order is two-fold :-