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1990 Supreme(Online)(Del) 1

DELHI HIGH COURT
C. L. Chaudhry, J.
Kunj Behari – Appellant
Versus
Rishi Kumar – Respondent


Table of Content
1. dismissal of the petition due to changes in party involvement. (Para 1 , 2)
2. arguments concerning the necessary parties and limitation issues. (Para 3 , 4)
3. court's reasoning on party necessity and procedural compliance. (Para 5)

1. By this application the defendants seeks dismissal of the petition on the ground that Rishi Kumar being necessary party to the suit was added as a party after expiry of limitation and the suit has become incompetent and not maintainable. The application has arisen from the following facts. Shri Kunj Behari and Rishi Kumar filed this petition under S.20 of the Arbitration Act praying that the agreement dated 3-2-1979 and 6-2-1979 be directed to be filed in this C ourt and further proceeding in the matter of appointment of arbitrator may be taken. The suit was filed by both the petitioners through one counsel Mr. Sabharwal on 12-2-1985. Petitioner 2 Rishi Kumar filed an application I.A. 939 / 85 through another counsel, Mr. Mohinder Goel and prayed that in view of the compromise arrived at between petitioner 2 and the respondent, the ourt may grant him necessary permission for sale and transfer of certain flats by the respondent in fa






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