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2008 Supreme(Del) 1277

A.K.SIKRI, MANMOHAN SINGH
Bhai Analijit Singh – Appellant
Versus
Mitsui and Co. Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: B.B. Sawhney, Sr. Adv. and Amit Kumar Singh, Adv.
For Respondents/Defendant:Sandeep Sethi, Sr. Adv. and Sangeeta Bhati, Ruchi Gaur and Prabhat Kumar, Advs. for respondent No. 1 and Sanjeev Puri, Sr. Adv. and Gyaltsen, Adv. for respondent No. 4

JUDGMENT

A.K. Sikri, J.

.1. The respondent No. 1 herein is the plaintiff in CS(OS) No. 593/1999 filed for recovery of money against three persons, namely, Bhai Manjit Singh, defendant No. 1(respondent No. 2 herein), Bhai Mohan Singh, Karta of Bhai Mohan Singh HUF, defendant No. 2 and Bhai Manjit Singh HUF, defendant No. 3 (respondent No. 3 herein). During the pendency of the suit Bhai Mohan Singh (defendant No. 2) passed away and in these circumstances, the plaintiff moved application under

.Order XXII for substituting his legal representatives. Legal representatives named in these applications are the appellants herein as well as the respondents No. 4(a) to 4(c) herein. This application has been allowed by the learned Single Judge vide orders dated 16.9.2008. The opposition of this application by the appellant herein [defendant No. 2(d)] has been repelled. Not satisfied, the appellant has challenged that order in this appeal. It is not in dispute that the appellant as well as the respondents No. 4(a) to 4(c) are the legal representatives of the deceased defendant No. 2. The opposition of the appellants for impleadment was on the ground that the cause urged in the plaint qua defend






































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