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2008 Supreme(Raj) 2122

DINESH MAHESHWARI
Kishan Chand Bothra – Appellant
Versus
Lal Chand Bothra . – Respondent


Advocates:
For the Petitioners(defendants Nos. 2 and 5):Mr. S.D. Vyas, Advocate.
For the non-petitioner No. 1 in CR No.240.2007 and respondent No.2 in CWP Nos. 7474 and 7475 of 2007 (plaintiff):Mr. L.K. Purohit, Advocate.

JUDGMENT

1. - These three matters, one civil revision petition under Section 115 of the Code of Civil Procedure (CR No. 240/2007), and two writ petitions under Articles 226/227 of the Constitution of India (CWP Nos. 7474/2007 and 7475/2007) having been filed against similar nature orders dated 26.04.2007 as passed by the Additional District Judge No.1, Bikaner respectively in Civil Suits Nos. 44/2005, 42/2005 and 45/2005; and involving the same parties and similar nature issues, have been heard together and are taken up for disposal by this common order.

2. By the impugned similar nature orders dated 26.04.2007, the learned Trial Court has allowed the applications moved in the respective civil suits by the plaintiff Lal Chand under Order I Rule 10 read with Order 6, Rule 17 of the Code of Civil Procedure (CPC) to alter the name of the defendant No.1 firm from "M/s Bikaner Woolen Mills International" to "M/s B.W.M. International" while accepting the submissions of the plaintiff that earlier stated description of the defendant-firm in the plaint had been a bona fide clerical error. The petitioners are the defendants Nos. 2 and 5 in the said civil suits.

3. The background facts and rel


































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