LAWS(J&K)-2015-4-8

RAJESH MAGOTRA Vs. NALINI SHARMA AND ORS.

Decided On April 09, 2015
Rajesh Magotra Appellant
V/S
Nalini Sharma And Ors. Respondents

JUDGEMENT

(1.) THIS is a revision petition.

(2.) HEARD . I have perused the record.

(3.) AS per the petitioner, respondent Nos. 2 & 3 (defendants -3 &4) are supporting the respondent No. 1 (plaintiff) in that suit. Petitioner (defendant No. 1) and defendant No. 2 (now stated dead), however, without filing their written statement filed an application in terms of Order 1 Rule 13 read with Order 7 Rule 11 CPC seeking dismissal of the suit for non -joinder of necessary parties. They contended that aforementioned Kamlesh Magotra, Suresh Magotra, Sunil Magotra and Sunita Magotra successors -in interest of late Shri Jatinder Nath Magotra are necessary parties to the suit. Besides, they also contended that eight other persons named in the application, who are daughters of late Shri Shriniwas Magotra, are also necessary parties to the suit.