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2012 Supreme(Del) 1536

MANMOHAN SINGH
SHRINGAR IMPEX PVT. LTD. – Appellant
Versus
PUNITA SINGH – Respondent


Advocates Appeared:
Mr. Mohit Gupta, Adv. with Ms Neha Jain and Ms Megha Gaur, Advs.
Mr. Jasmeet Singh, Adv. with Mr. Saurabh Tiwari, Adv. for defendant. Mr. Rajiv Bansal, Adv. with Mr Ajay Jha, Mr Nishant Choudhary, Ms Sarabjot Walia and Mr G. Sharma, Advs. for applicant in I.A. No.3563-3564/2012

JUDGMENT

MANMOHAN SINGH, J.

1. By this order, I propose to decide two applications, filed by the applicant M/s Nouveaw Exports Pvt. Ltd., Mumbai, the details of which are as under:

1. I.A. No.3563/2012, for stay of the proceedings.

2. I.A. No.3564/2012, under Order 1, Rule 10 CPC, for impleadment as a co-defendant.

2. Both the above mentioned applications were strongly opposed by the defendant, mainly on the grounds that the applicant is neither a proper nor a necessary party in the present suit and cannot be permitted to be impleaded as a party to the present suit. In the other application for stay of the proceedings, it was stated that the said application is a gross misuse and abuse of process of law and the applications if allowed will further delay in passing a final decree of partition in the suit which is more than 28 years old.

3. Firstly, I shall take up the application filed by the applicant, namely, M/s. Nouveaw Exports Pvt. Ltd., under Order 1 Rule 10 CPC for being impleaded as a co-defendant as the order passed in this application shall have bearing in the other connected application. The case of the applicant is that originally suit was filed by plaintiff Ms Punita Sin























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