SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Jhk) 714

P.P.BHATT
Surya Commodities Pvt. Ltd. – Appellant
Versus
Bharat Raj Singh – Respondent


Advocate Appeared:
For the Petitioner:M/s. Lalit Kumar Lal & K.K. Ambastha, Advocates
For the Respondent:M/s. Ramakant Tiwary & Shailendra Kr. Singh, Advocates

ORDER

1. Present writ petition has been filed under Article 227 of the Constitution of India, inter alia, praying for setting aside the order dated 10.3.2011 passed by the learned Munsif, Hazaribagh, in Eviction Suit No. 20/09, whereby the learned court-below illegally rejected the petition dated 19.07.2010 filed on behalf of the intervenor/ petitioner under Order-1 Rule 10 of the CPC. It is further prayed that necessary direction may be issued to the learned court-below to add the petitioner as a party in the suit.

2. Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents and perused the impugned order dated 10.3.2011 and other materials placed on record.

3. It appears that the petition was filed under Order-1 Rule 10 of the CPC on behalf of the petitioner. Order-1 Rule-10 of the CPC reads as under:

“10. Suit in name of wrong plaintiff.- (1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is neces























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top