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2014 Supreme(P&H) 1283

RAJIV NARAIN RAINA
Nirmal Singh – Appellant
Versus
Tarsem Singh – Respondent


Advocates:
For the Appellant : Gurcharan Dass
For the Respondents: Jai Bhagwan

Rajiv Narain Raina, J.

1. After having heard the learned counsel for the parties at some length and in order to remove apparent confusion caused by the improper presentation of a single application under Order 6 Rule 17 read with Section 151 CPC for amending the plaint and Order 1 Rule 10 CPC for impleading proposed defendant Nos. 6 to 15 and with a view to stem the ill-effects of such a practice and the difficulty the trial Judge must face in passing a common order mixed-up by both law and facts I feel that it will serve the cause of justice more suitably if the learned trial Judge is asked to decide by separate orders the matters afresh after the applicant is called upon to file two independent applications with proper court fee affixed thereon and presented in the proper form. This would serve the ends of justice in a wholesome manner and make it easier for the trial court and this Court whenever such challenge is laid again. As a prophylactic, trial courts should disallow acceptance of such clubbed applications at the threshold, and if insisted, they should be returned forthwith to their owners with liberty to file them afresh by removing such patent defects. This pernicious pra









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