ABDUL MAJEED BABA Vs. M/S M COMPANY

JUDGEMENT

(1.) SUIT captioned M/s. M & Company Engineers & Contractors Pvt. Ltd. v. Ghulam Qadir Baba has been instituted on 09-12-2009 seeking following relief :-

(2.) SUMMONS were issued from time to time. On 9-3-2010, trial Court proceeded in ex parte against the defendant. On 19-04- 2011, an application came to be filed on behalf of petitioner Abdul Majeed Baba s/o Ghulam Qadir Baba seeking leave to intervene. In the said application it has been projected that the plaintiff has filed the suit fraudulently against Ghulam Qadir Baba who has expired much before the institution of the suit, the property of Late Ghulam Qadit Baba has devolved upon the applicant (petitioner herein), then it is projected that the suit being against a dead person is a nullity, therefore, be dismissed.

(3.) DISSATISFIED with the said order revisional power under Section 115 of CPC has been invoked.