Ram Babu Dubey VS Sankalp Mishra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SAURABH LAVANIA
Ram Babu Dubey – Appellant
Versus
Sankalp Mishra – Respondent

Advocates Appeared:
For the Appellant : Shyam Mohan Pradhan, Lakshmi Kant Tripathi, Pragya.
For the Respondents: Shailendra Singh Rajawat.

JUDGMENT :

1. Heard Sri Shyam Mohan Pradhan, learned counsel for the appellant, Sri Pritish Kumar, Advocate put in appearance on behalf of Respondent Nos. 1 and 2 and filed Vakatalatnama, which is taken on record and Sri Shailendra Singh Rajawat, learned counsel for the Caveator.

2. Respondent Nos. 3 and 4 are proforma parties, as such, considering the order proposed to be passed at this stage of admission notice to respondent No.3 and 4 is dispensed with.

3. This appeal has been filed by defendant in suit.

4. Present appeal has been filed under Order 43 Rule 1(r) of CPC assailing the order dated 13.09.2022 passed on the application under Order 39 Rule 1 & 2 CPC read with Section 151 CPC bearing Application No.C-6 preferred in Regular Suit No.451 of 2019, CNR No. UPLKO5000851-2019 (Sankalp Mishra & Another vs. Ram Babu Dubey & Others) by the Civil Judge (Senior Division), Malihabad, Lucknow.

5. It is stated that after presenting the plaint, the suit was registered as Regular Suit No. 451 of 2009 and the notice was issued to the defendants. On coming to know about the pendency of the suit the defendant-appellant appeared and filed his written statements as also the objection to the