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RAJESH AGGARWAL versus M/S AIRADS LTD. & ORS

High Court of Punjab and Haryana, Chandigarh

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RAJESH AGGARWAL v. M/S AIRADS LTD. & Ors - CR-362-2006 [2005] RD-P&H 295 (20 December 2005)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CIVIL REVISION NO. 362 of 2006

DATE OF DECISION: January 19, 2006.

Parties Name

Rajesh Aggarwal

..PETITIONER

VERSUS

M/S Airads Ltd. And others

...RESPONDENT

CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Yogesh Goel,

Advocate, for the petitioner.

JUDGMENT:

Vide order under challenge, application of respondent No. 1 to implead it as a party in the pending litigation was allowed by the Court below. While allowing that application, it has been found as a matter of fact that in view of facts and circumstances of the litigation, respondent No. 1 has a right to proceed against the petitioner and if it is not allowed to join the present proceedings, it will have to file a separate suit. It has also been noticed by the Court below that for effective adjudication of the matter in dispute, respondent No. 1 is a necessary party. In view of facts of this case, ratio of judgments in Reema Rani vs. Gurmukh Singh and another, 2004(4) R.C.R. (Civil) 761, and Antony Devaraj v.

Aralvaimozhi (Kurusadi) Devasahyam, 2004(3) R.C.R. (Civil) 68, are not applicable to this case. Dismissed.

January 19, 2006. ( Jasbir Singh )

DKC Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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