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DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Ram Gandhi – Appellant
Versus
Prem Daan Sansthan Trust – Respondent
JUDGMENT
1. The two plaintiffs, namely Shri Ram Gandhi and Naresh Chander Sharma, have instituted this suit under Section 92 of the Code of Civil Procedure, 1908 (CPC) and the plaint in this suit was accompanied with an application under Section 92(1) read with Section 151 of the CPC for grant of permission to sue the defendant no.1, a Public Charitable Trust.
2. The suit along with the application came up first before this Court on 10th March, 2016, when summons of the suit and notice of the said application were ordered to be issued. Vide subsequent order dated 12th May, 2016, direction for filing of written statement was issued.
3. The defendants no.1 to 5 namely (i) Prem Daan Sansthan Trust; (ii) Rakesh Chabra; (iii) Renu Saxena; (iv) Vinit Saxena; and, (v) Poornima R. Chabra, filed IA No.9266/2016 for clarification of the order dated 12th May, 2016 to the effect that they were not required to file the written statement till the decision of IA No.3237/2016 under Section 92(1) of the CPC. Notice of the said application was also ordered to be issued. The defendant no.7 Axis Bank has also filed an application under Order VII Rule 11 of the CPC. Pleadings in the applications
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