PREM SHARMA Vs. SIBY THOMAS

JUDGEMENT

(1.) This is an application styled to be one under Order 1 Rule 10 of the Code of Civil Procedure for imp leading the party, moved by applicant/Plaintiff (here -in -after referred to as the plaintiff). It is averred that the defendant No.5 which is a Company has been sued through its Printer and Publisher inadvertently and by a bonafide mistake whereas it was required to be sued through its Principal Officer. Therefore, the plaintiff has sought permission to sue defendant No.S through its Managing Director.

(2.) The application is contested by the non -applicants/ defendants (hereinafter referred to as the defendants) on the grounds that the application lacks full and material particulars and plaintiff cannot be permitted to add new defendants at this stage when the suit has become barred by limitation, therefore, the application is not competent and is liable to be rejected.

(3.) I have heard the learned counsel for the parties and have also gone through the relevant material placed on the record.