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2020 Supreme(HP) 800

JYOTSNA REWAL DUA
Surinder Kumar – Appellant
Versus
Sham Sunder & Ors. – Respondent


Advocates Appeared:
R.L. Chaudhary, Advocate, Vandana Kumari, Advocate, Sanjay Jaswal, Advocate, Mukul Sood, Advocate

JUDGMENT

Jyotsna Rewal Dua, J. - An application moved by one Shri Subhash Chand Puri (original proforma defendant No. 7) under Order 1 Rule 10(2) read with Section 151 of Code of Civil Procedure for transposing him as co-plaintiff has been allowed by the learned trial Court vide order dated 12.6.2019. Aggrieved defendant No. 1 (Surinder Kumar) has preferred instant petition under Article 227 of Constitution of India.

2. From the record of civil suit, it becomes apparent that 'the memo of parties' of the present petition has not been drawn correctly. The changes made before the learned trial Court in 'the memo of parties' have not been properly incorporated in the instant petition. Be that as it may. Perusal of record and the impugned order reflect that the dispute raised in present petition only concerns Surinder Kumar (original defendant No. 1), Sham Sunder (original plaintiff) and Subhash Chand Puri (original defendant No.7). In fact, for deciding the application culminating in the impugned order, the notice was confined by the learned trial Court only to these parties. Therefore, irrespective of the fact that 'memo of parties' has not been drawn correctly and some of the responden

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