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2008 Supreme(P&H) 1955

JASWANT SINGH
Jasbir Singh – Appellant
Versus
Guru Nanak Public School Trust – Respondent


Advocates:
For the Petitioners:Mr. O.P. Goyal, Sr. Advocate with Mr. Hari Pal Verma, Advocate and Mr. Ashok Kumar, Advocate.
For the Caveator-Respondent No.1:Mr. Sumit Mahajan, Sr .Advocate with Mr. Sham Lal Bhalla, Advocate, Mr. K.S. Bhangu, Advocate and Mr. Amandeep Singh, Advocate.

JUDGMENT

Jaswant Singh, J.:-The present petition under Article 227 of the Constitution of India has been filed by the petitioners, challenging the orders dated 29.2.2008 (Annexure P-19) and 6.12.2007 (Annexure P-15), passed by the learned Civil Judge (Senior Division), Ludhiana vide which (i) applications filed by the petitioners (Jasbir Singh and Surinder Singh sons of Jagat Singh) as well as defendant No.3-Kulwant Kaur Virdi, under Order 7 Rule 11 of Civil Procedure Code (in short “CPC”) for rejection of plaint has been dismissed; (ii) application filed by Avtar Singh Hunjan under Order 22 Rule 10 of CPC for substitution/to pursue the suit on behalf of the plaintiff-Trust has been allowed; (iii) application filed by present respondents No. 2 and 3 (Prem Singh and Ravinder Singh Sokhi) under Order 22 Rule 10 of CPC for substitution as defendants has been allowed; (iv) alternative prayer made in the application for rejection of plaint filed by the present petitioners (Jasbir Singh and Surinder Singh sons of Jagat Singh) for substitution in place of S. Jagat Singh and Giani Bhagat Singh as defendants has been allowed to the extent of impleadment of present petitioners as defendants,






































































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