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2007 Supreme(Del) 715

MUKUNDAKAM SHARMA, SANJIV KHANNA
RENU MEHTA – Appellant
Versus
DHARAMPAL ARORA – Respondent


Advocates appeared:
For the Appellant:Mr. Sangram Patnaik and Mr. R.K. Sinha. Advocates.
For the Respondent:Mr. Amarjit Singh, Advocate.

ORDER

1. This appeal is directed against the order dated 22.2.2005 passed by the learned Single Judge dismissing the application under Order 7 Rule 11 read with Order I Rule 10 and Section 151 of the CPC filed by the appellant herein for rejection of the plaint against the defendant No.3 and also to delete the name of defendant No.3 from the array of parties.

2. The respondent No. 1 herein has instituted a suit against the appellant and respondents 2 and 3 praying for a decree for recovery of Rs. 50,000/along with pendente lite interest and cost. The respondent No. 3 is the husband of the appellant.

3. In the plaint, respondent No. I /plaintiff has contended that defendants 2 and 3, the appellant and the respondent No.3 herein are partners or proprietors of M/s. Share Tips. respondent No.2 herein and defendant No. 1 before the learned Single Judge. It is further stated in the plaint that the plaintiff was dealing with buying and selling of shares some time with the defendants from prior to 1989 till 1992. It is further stated that the defendants were taking and giving the deliveries of the shares through the plaintiff and setting all the money transcations with the plaintiff and that








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