M/S KAMLA ENTERPRISES Vs. SHAMSHER SINGH

JUDGEMENT

(1.) Present application was initially filed under Section 151 CPC which was later on converted into application under Order 1, Rule 10 read with Section 151 CPC vide interim order dated 29.10.2015 for permission to delete the name of deceased co-defendant No.4 Harnam Singh from the array of defendants. BRIEF FACTS OF THE CASE

(2.) Plaintiff M/s. Kamla Enterprises Proprietor Kamlesh Thakur filed a civil suit for recovery of Rs. 80 lacs along with interest @12% from pendente lite till date of decree and future interest till realisation of the decretal amount and special cost of the suit also sought pleaded therein that defendants have obstructed the plaintiff from extracting the raw material from the leased land mentioned in the plaint.

(3.) Deceased Harnam Singh was impleaded as co-defendant No.4 in C.S. No.99/2008 titled M/s. Kamla Enterprises v. Shamsher Singh and Others. It is pleaded that during pendency of the civil suit co-defendant No.4 Harnam Singh died and applicant filed the present application to delete the name of co-defendant No.4 Harnam Singh from the array of co-defendants in civil suit.