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2007 Supreme(Del) 2076

KAILASH GAMBHIR
J. K. Bhatia – Appellant
Versus
A. K. Bhatia – Respondent


Advocates appeared:
Mr.Lalit Trakru, Adv.
Mr.Pawan Kumar Agarwal, Adv. for respondent No.1

KAILASH GAMBHIR, J. Oral:

This petition is directed against the order dated 06.07.2005 passed by the Trial Court whereby the application filed by one of the plaintiffs/respondent No.1 Shri A.K. Bhatia was disposed of with the directions that the order of withdrawal of suit dated 20.4.2004 was recalled as a result of which the other plaintiffs would stand transposed as defendant Nos.3 and 4. The Court also gave the directions that the position in the case would be relegated back to the proceedings as it existed on 13.04.2004. Aggrieved with the said order, the present petitioner who was one of the plaintiffs in the suit and at whose behest the suit was withdrawn by moving an application under Order 23 Rule 1 CPC has approached this Court assailing the said order dated 6.7.2005. Brief facts necessary for deciding the present petition inter alia are that a suit for recovery of Rs.6,40,055/- was filed by the present petitioner along with his two brothers, respondent Nos.1 and 2 herein, against respondent Nos.3 and 4 on the allegation that the said respondent Nos.3 and 4 were tenants under the plaintiffs in respect of premises bearing No. C-16, First Floor, Shopping Centre, Vasant Vihar





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