BALDEV RAM Vs. SIDDHI VINAYAK CEMENT PRIVATE LIMITED

JUDGEMENT

(1.) The present revision petition is directed against the order dated 14.08.2015 passed by the learned Additional District Judge, Jaitaran (Pali) in Original Suit No. 73/2014 - Siddhi Vinayak Cement v. Baldev Ram and Ors. rejecting the application filed by the defendants under Order 7, Rule 11 read with Section 151 CPC, with the following observations:- ...[VERNACULAR TEXT OMITTED]...

(2.) During the course of arguments, learned counsel for the petitioner, Mr.N.R.Choudhary relied upon the decision of the Hon'ble Supreme Court in the case of State Bank of Travancore v. Kingston Computers India Pvt. Ltd., (2011) 11 SCC 524 and urged that the Company had filed a suit without proper authority in favour of Nirmal Singh Chouhan, Senior Legal Officer of the respondent-Company, and the State has not been impleaded as defendant, therefore, the suit is not maintainable.

(3.) Per contra, learned counsel for the respondent-Company, Mr.Sunil Beniwal has supported the impugned order. It is also brought to the notice of the Court that both the parties have filed separate suits for cancellation of the sale deeds in favour of opposite party, namely, Civil Suit No. 75/2014 - Ranjeet Prakash Singh v. M/s. Siddhi Vinayak Cement Pvt. Ltd. and Civil Suit No.73/2014 - M/s. Siddhi Vinayak Cement v. Baldev Ram and Ors. (present suit).