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BERI
Shanti Lal – Appellant
Versus
Farid Khan – Respondent


Advocates Appeared:
Kishore Singh, for Applicant; P.C. Mathur, for Non-applicants No.1 to 3

BERI, J.—This revision application is directed against the judgment and decree of the District Judge, Bikaner, who dismissed the plaintiffs appeal merely because the plaintiff-applicant failed to implead one of the defendants in the appeal.

2. The plaintiff-applicant had instituted a suit before the Civil Judge, Churu, for the recovery of a sum of Rs. 418/-. There were as many as seven defendants in the said suit. They were Farid Khan, Nabu Khan, Faridkhan Joya, Musraf Khan, Nureykhan, Fatehchand and Bajranglal. The Civil Judge decreed the suit against Joya Faridkhan; defendant No. 3 alone and that too in the sum of Rs. 340/-. He dismissed the suit against the remaining six defendants. The plaintiff preferred an appeal before the District Judge, Bikaner, impleading only these six remaining defendants as respondents. He did not implead Joya Faridkhan as a party to this appeal. At the hearing an objection was taken on behalf of the respondents that the appeal must be dismissed due to the non-joinder of Joya Faridkhan, The learned District Judge, Bikaner, relying on Sadhuram Vs. Mohammad Ali (1) upheld the objection of the respondents and dismissed the appeal. The application has now c








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