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1989 Supreme(P&H) 604

J.V.GUPTA
Hukam Chand (Dead) Reptd. By His Lrs – Appellant
Versus
Ram Lal – Respondent


Judgment

J.V.Gupta, J.

1. This petition is directed against the order of the trial Court dated 11th August, 1988, whereby the application filed on behalf of Shyam Lal and others under O. 1, R. 10, Civil Procedure Code was allowed.

2. The plaintiff Hukam Chand filed a suit for recovery of Rs. 815/- as rent of a shop in dispute against his tenant Ram Lal. Earlier, Hukam Chand had sought ejectment of his tenant in the Court of Rent Controller. Eviction order was passed o9n 29th October, 1986, which order was maintained up to the Supreme Court. Now he filed a suit for recovery. In that suit, Shyam Lal and others moved an application under O. 1 R. 10, CPC, for being impleaded as a party, as according to them they were owners of the shop in dispute and the plaintiffs father Shri Kanhiya Lal was only their agent. Since they were the owners they were entitled to the rent and hence prayed for being impleaded. The application was contested by the plaintiff. He denied the allegations made by the applicants, as also the allegation that his father Kanhiya Lal was appointed as manager of the company. However, the learned trial Court came to the conclusion that from the documents placed on the fil



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