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Bhikamber Das Vs. Thakuri and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in14Ind.Cas.263
AppellantBhikamber Das
RespondentThakuri and anr.
Excerpt:
civil procedure code (act v of 1908), order i rule 10(2) - name of a defendant struck out--revision. - .....comes to this court in revision and a preliminary objection is taken to the effect that as the order did not decide anything between the plaintiff and the defendants, no revision lies. in support of this contention, reliance is placed on malik muhammad ayub v. muhammad mahmood 7 a.l.j. 741 : 32 a. 623 : 6 ind. cas. 831. the preliminary objection is, in our opinion, a valid objection. we, therefore, dismiss the application with costs including fees on the higher scale.
Judgment:
ORDER

1. This was a suit on a mortgage brought against, the heirs of the mortgagor. The plaintiff in his plaint alleged that the defendants Nos. 4 and 5 were impleaded as their names appeared on the khewat although they were not necessary parties. The Court of first instance, acting under Order I, Rule 10 Clause 2, struck out the names of the defendants Thakuri and Tula Ram. The plaintiff comes to this Court in revision and a preliminary objection is taken to the effect that as the order did not decide anything between the plaintiff and the defendants, no revision lies. In support of this contention, reliance is placed on Malik Muhammad Ayub v. Muhammad Mahmood 7 A.L.J. 741 : 32 A. 623 : 6 Ind. Cas. 831. The preliminary objection is, in our opinion, a valid objection. We, therefore, dismiss the application with costs including fees on the higher scale.


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