SHAMBHUDAYAL Vs. MANOJ KUMAR

JUDGEMENT

(1.) The present writ petition has been preferred against the order dtd. 23/8/2024 passed by the Senior Civil Judge, Churu in Civil Original No.541/2014 whereby two applications:- one under Order XVIII Rule 3-A read with Sec. 151 of the Code of Civil Procedure as preferred by the plaintiffs and the other under Order VII Rule 14, read with Sec. 151, CPC as preferred on behalf of defendant No.4, have been decided. Vide order impugned dtd. 23/8/2024, the application under Order XVIII Rule 3-A, CPC as preferred by the plaintiffs has been rejected and the application under Order VII Rule 14, CPC as preferred on behalf of defendant No.4 has been allowed.

(2.) Vide the application under Order XVIII Rule 3-A, CPC it was submitted on behalf of the plaintiffs that the affidavit for examination-in-chief as filed by one Hukmichand be returned back to him or be kept in 'Part D'. It was submitted that Hukmichand was a stranger to the suit and his name was not reflected in the list of witnesses as filed by the defendants. Therefore, he could not be permitted to be examined on behalf of the defendant Lions Club.

(3.) Vide application under Order VII Rule 14, CPC preferred on behalf of defendant No.4, it was submitted that vide an authority letter dtd. 10/7/2016, all the rights to contest the matter on behalf of the defendant Club were given to Hukmichand and it was prayed that the document dtd. 10/7/2016 be taken on record.