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2008 Supreme(All) 1110

AMITAVA LALA, SHISHIR KUMAR
BHARAT PETROLEUM CORPORATION LTD. , MUMBAI – Appellant
Versus
AMAR AUTOS – Respondent


Advocates:
Counsel :
Sudhir Chandra and Prakash Padia for the Appellants; Shashi Nandan and P.C. Jain for the Respondent.

JUDGMENT

Hon’ble Amitava Lala, J.—Both the appeals are arising out of the order/s passed by the learned Judge, Small Causes/Civil Judge (Senior Division), Agra dated 24th January, 2008 in Original Suit No. 225 of 2007 and 23 of 2007, by which the suits have been dismissed under Order VII Rule 11 of the Code of Civil Procedure (hereinafter called as the ‘C.P.C.’) upon accepting the objection/s on the part of the respondents. Out of aforesaid two orders, impugned in the present appeals, only difference is in one of such orders it has been held that the argument of the plaintiff therein has no force to say that the case is not covered under the provisions of Order II Rule 2 of the C.P.C. However, both the appeals are taken together for analogous hearing on informal papers, to which neither of the parties have any objection.

2. Mr. Sudhir Chandra, learned Senior Counsel appearing for the appellant in both the appeals, contended that two suits have been filed by the appellant when one suit has been filed by the defendants in the Court below. Both of their suits are dismissed only on the ground that the power of attorney/s, as executed by the plaintiff-company in favour of one Sri Amit Gar




















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