CHAGAN LAL MUNNALAL Vs. RIICO

JUDGEMENT

(1.) THIS revision petition has been directed against the order of the Additional District Judge, Abu Road passed in the "m/s Chaganlal Munnalal and Anr. vs. Rajasthan State Industrial Development & Investment Corporation Limited" (1), (in short hereinafter referred as RIICO"), by which the trial court accepted the application dated 3. 2. 99 filed under Order 1 Rule 10 read with Section 151 C. P. C. by the Legal Manager, Madhav Nagrik Shahkari Bank Ltd. , Abu Road.

(2.) HEARD learned counsel for the petitioners Mr. R. R. Nagori and Mr. B. R. Mehta, learned counsel for the non-petitioners.

(3.) ORDER 1 Rule 10 CPC, so far as it is relevant is as under:- " (2) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake and that it is necessary for the determination of the real matter in dispute so as to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just. "