JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPL. 33632/2023 (for exemption)

Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of.

CM(M) 1031/2023

1. This petition filed under Article 227 of the Constitution of India impugns the order dated 24.05.2023 passed by District Judge, Commercial Court-03, South East District, Saket Court, Delhi (`Trial Court') in CS (COMM.) No. 205/2022, titled as M/s Balaji Enterprises v. Bhushan Sharma & Anr., dismissing the application filed by the Petitioner herein i.e., defendant No. 2 under Order 1 Rule 10 C.P.C. seeking deletion from the array of parties.

2. For the sake of convenience, the parties herein shall be referred to in terms of their rank and status before the Trial Court, i.e., Petitioner as Defendant No.2, Respondent No.1 as Plaintiff and Respondent No.2 as Defendant No.1.

3. The plaintiff instituted a commercial suit against defendant No.1 and 2 herein for recovery of Rs. 66,95,658/-. The claim in the suit arises on account of the commercial transactions with respect to sale and purchase of plastic granules' defendant no. 1 admittedly carries on business of a sole proprietorship firm under