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2024 Supreme(Online)(RAJ) 3984

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
SANTOSH KUMAR GANDHI – Appellant
Versus
MOHD. AYUB – Respondent


Order

20/09/2024 The matter comes up on an application on behalf of respondent no.1 applicant for deletion of name of respondents No.

2 to 17 from the array of respondents.

It is submitted by the applicant respondent no.1 that the respondent no.1 is the only plaintiff in the original suit and respondents No. 2 to 17 are performa respondents and they have nothing to do with the impugned order, therefore, the name of respondents No.2 to 17 who are original defendants may be deleted from the array of respondents in the present appeal.

Per contra, counsel for the petitioners opposed the application filed by the respondent no.1 and submitted that the plaintiff while filing the civil suit, had himself impleaded respondent No. 2 to 17 as defendants and the court below had even issued summons to the said defendants. Further, it is the prerogative of the petitioners as to whom they want to implead as party respondents in the revision petition.

I have heard learned counsel for the parties and carefully gone through the material on record.

Sub-Rule 10(2) of Rule 1 CPC provides as follows:

2. Court may strike out or add parties : The Court may at any stage of the proceedings either upon or without t

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