Nirmal Jain And Ors. vs Ahuja Impex Pvt. Ltd. & Ors on 9 December, 2016

1. This appeal is against a judgment and order dated 26.4.2016
passed by the learned Single Judge, in the application being I.A. 261 of
2016, under Order XXII Rule 4 (wrongly mentioned as Order XXII
Rule 3 of the Civil Procedure Code for substitution of the Appellants
as Defendants in the suit being C.S. (O.S.) 2017 of 2015 filed by the
Respondent No.1, in place of the defendant No.4, who is dead.

FAO(OS).202/2016 1
2. By the impugned order, the learned Single Judge was pleased to
convert the application filed by the Respondent No.1 under Order XXII
Rule 3 as an application under Order VI Rule 17 for amendment of the
plaint, allow the application and implead the Appellants as Defendants
in the suit.

Source: Indian Kanoon

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