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S.S.JHA
Rajendra Gupta – Appellant
Versus
Kishorilal – Respondent
Counsel for the petitioner submits that he has moved an application for framing issue in respect of non-joinder of necessary party. The petitioner submits that he has specifically pleaded in the plaint that contract of tenancy was with Ram Vilas and not with the defendant.
Ram Vilas also moved an application under Order I, Rule 10 Code of Civil Procedure which has been dismissed. Thereafter, Ram Vilas preferred a revision. In the revision, this Court observed that for not impleading Ram Vilas plaintiff s suit is liable to be dismissed. If there is no tenancy between the parties to the suit, the suit will fail. Specific issue is framed about the relationship of landlord and tenant between the plaintiff and tenant.
The defendant may lead evidence and demonstrate that he is not a tenant in the premises but Ram Vilas is the tenant and trial Court shall record finding in this regard against issue No. 1. Framing of other issue is not necessary.
Revision is dismissed summarily.
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