Ghanshyam Das Agarwal vs Anoop Kumar - 2024 Supreme(All) 2094

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 2094

NEERAJ TIWARI
Ghanshyam Das Agarwal – Appellant
Versus
Anoop Kumar – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Kaushalendra Nath Singh and Tarun Varma
For the Respondent: Bhanu Pratap Singh and Surendra Singh

JUDGMENT :

Neeraj Tiwari, J.

Heard Sri Tarun Varma alongwith Sri Ridham Gupta, learned counsel for the petitioner and Sri Ashok Malviya, advocate holding brief of Sri Bhanu Pratap Singh, learned counsel for the respondents.

2. Present petition has been filed with following prayer;

''Issue writ, order or direction in the nature calling for the record of the case and quashing the orders dated 13.9.2022 and 17.1.2023.''

3. Learned counsel for the petitioner submitted that petitioner has filed Suit No. 363 of 2007 impleading the respondent Nos. 1, 2, 3, 4, 5, 6 and 7 as defendant Nos. 1, 2, 3, 4, 5, 6 and 7 respectively. In the said suit, notice was issued on 17.1.2018. Defendant No. 3 i.e. respondent No. 7, who is brother of other respondents after receiving notice, has filed written submission alongwith delay and considering the same in accordance with under Order 8 Rule 1 CPC, Court vide order dated 10.9.2021 has rejected the same.

4. He next submitted that notices were not served upon defendant Nos. 2, 4, 5, 6 and 7, therefore, petitioner/plaintiff has moved application 17Ga/18Ga for publication of summon in newspaper, which was allowed vide order dated 23.1.2018. Pursuant to that publi