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2018 Supreme(MP) 190

S.C.SHARMA
Shriram Builders – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner: Shri Vijay Assudani
For the Respondent: Shri Deepesh Joshi

JUDGMENT :

1. The petitioner before this Court has filed the present petition being aggrieved by order dated 05/01/2018 passed by 16th ADJ, Indore in Civil Suit No. 975-A/2017.

2. The facts of the case reveal that the petitioner has filed a civil suit against the respondents including Indore Development Authority and the Indore Development Authority has filed an application preferred under Order 7 Rule 11 of CPC.

3. The trial Court has passed the impugned order and it has been held that the Indore Development Authority is not a necessary party to the suit and there is no cause of action against the Indore Development Authority. Being aggrieved by the order passed on an application preferred under the Indore Development Authority by which the proceedings against the Indore Development Authority has come to an end, the present writ petition has been filed.

4. Shri Deepesh Joshi, learned counsel for the respondent has argued before this Court that the present writ petition is not maintainable. He has placed reliance upon a judgment delivered by this Court in the case of Ambika Prasad Vs. Prabhudayal, 2004(3) M.P.L.J. 596 and also the judgment delivered in the case of Jamshedji Dubash Vs.



















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