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2025 Supreme(Online)(KAR) 1128

HIGH COURT OF KARNATAKA
H T NARENDRA PRASAD
SRI R BHOPAL REDDY – Appellant
Versus
M/S ADITYA BIRAL RETAIL LTD. – Respondent


Petitioner Advocates:SADASHIVAIAH K G ,Respondent Advocate:

ORAL ORDER

This writ petition is filed by plaintiff Nos. 1 and 2 under Article 227 of the Constitution of India, challenging the order dated 11.09.2024 passed by the XIX Additional City Civil and Sessions Judge (CCH-18), Bengaluru in O.S.No.3917/2021, rejecting IA No.3 filed by the petitioner under Order 1 Rule 10(2) r/w. Section 151 of CPC.

2. The plaintiffs filed a suit for recovery of money.

The defendant filed a written statement and contended that the ‘M/s.Aditya Birla Retail Limited’ has changed its name to ‘M/s.More Retail Private Limited’ with effect from 10.04.2019. In view of the above, the plaintiffs filed the above application to implead ‘M/s.More Retail Private Limited’ as defendant No.2. The trial court dismissed the said application on the ground that the plaintiffs, instead of seeking for replacement of ‘M/s.More Retail Private Limited’ in place of the defendant ‘M/s.Aditya Birla Retail Limited’ have filed an application for impleading, which is not maintainable. There is no error or illegality in the order passed by the trial court.

3. Accordingly, writ petition is dismissed reserving liberty to the petitioners to file necessary application for replacement of ‘M/s.More

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