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2014 Supreme(Del) 2136

KAILASH GAMBHIR, NAJMI WAZIRI
Dunlop India Limited – Appellant
Versus
Kamal Mitra Chenoy – Respondent


Advocate Appeared
For the Appellants:C. Mukund, Ashok Kumar Jain, Amit Kasera, Advocates.
For the Respondents:Sandeep Sethi, Senior Advocate with Jeevesh Nagrath, Akanksha Singh Rohatgi, Advocates.

Judgment

Kailash Gambhir, J. (Oral):

1. The challenge in the present appeal is the composite order dated 24.07.2014 passed by the learned Single Judge dismissing the appellant application under Order 7 Rule 11 CPC, and Order 1 Rule 10, read with Section 151 CPC, while allowing the respondent/plaintiff’s application under Order 6 Rule 17 CPC.

2. The appellant’s principle grievance is that the respondent/plaintiff has joined two distinct cause of actions in one suit which arise out of two different agreements. Secondly, it is argued, the valuation of the two distinct reliefs have been clubbed together to invoke jurisdiction of this Court. Lastly, it is contended that there is a mis-joinder of plaintiff No.2 in the suit, because the plaintiff No.2 is not a necessary or proper party in a suit for possession filed by plaintiff No.1 against the appellants.

3. We have heard Mr. C.Mukund, the learned counsel appearing for the appellants and Mr. Sandeep Sethi, the learned Senior Advocate appearing for the respondent Nos. 1 and 2, who appears on advance notice.

4. The suit for eviction/permanent injunction has been filed by respondent No. 1/plaintiff against the appellants in respect of prop







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