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2022 Supreme(Del) 790

C. HARI SHANKAR
JAI SHREE HOLIDAYS AND TOURS PVT. LTD. – Appellant
Versus
PRAKASH VERMA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Yogesh Goel.

JUDGMENT :

C. HARI SHANKAR, J.

1. The order dated 1st October 2022, passed by the learned Additional District Judge (“the learned ADJ”) in CSDJ No. 189/2015 (Jai Shree Holidays and Tours Pvt. Ltd. vs. Smt. Prakash Verma) allows an application of Respondent 4, as Defendant 4 in the plaint, under Order I Rule 10 of the CPC, to be deleted from the array of parties.

2. In order to examine the correctness of the impugned order, it is necessary, briefly, to advert to the suit.

The Plaint

3. There were four defendants in the suit, of which we are concerned, in the present case, with Defendant 4, who is Respondent 4 in the present petition. The plaint in the suit, instituted by the petitioner-Jai Shree Holidays and Tours Pvt. Ltd. against the said four respondents sought (i) a money decree for Rs. 11,82,500/- jointly and severally against the respondents and in favour of the petitioner, with pendente lite and future interest and (ii) a decree of permanent injunction restraining Respondents 1 and 2 from creating third party interest in respect of the property situated at S-193 (First Floor), School Block, Shakurpur Delhi (hereinafter referred to as “the suit property”).

4. The plaint alleged thus

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