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1987 Supreme(Raj) 505

JAGDISH SHARAN VERMA
Chhagan Lal – Appellant
Versus
Megh Raj – Respondent


Advocates:
For the Petitioner:Mr. Kewal Chand, Advocate.
For the Non-petitioner:Mr. Prakash Tatia, Advocate.

JUDGMENT

1. This is plaintiff's revision against the trial Court's order dated January 12, 1984 rejecting the plaintiff's application for addition of the party and the making consequential amendment in the plaint as a result of addition of the party.

2. Admittedly this prayer was made by the plaintiff to overcome the objection of non-joinder of the party taken by the defendants. This being so, there was no occasion to refuse addition of the party and the consequential amendment in the plaint. Even otherwise, before dismissing the suit on the ground of non-joinder of a party the Court has to give an opportunity to the plaintiff to implead the necessary parties. This being so, the prayer made by the plaintiff as a result of the defendants' objection should have been readily granted.

3. Learned counsel for the respondents contended that the bar of limitation to addition of the party would be attracted and this would be sufficient to justify the trial Court's order. He placed reliance on Ram Prasad Dagaduram v. Vijay Kumar Motilal Hirakhanwala and Others, AIR 1967 Supreme Court 278 . That was a decision under the Limitation Act of 1908 and the change made in the corresponding provision




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