Allahabad High Court
Mohd. Suhail And Another vs Rajiv Chutani And Another on 24 October, 2019
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?787Court No. - 40 Case :- MATTERS UNDER ARTICLE 227 No. - 7807 of 2019 Petitioner :- Mohd. Suhail And Another Respondent :- Rajiv Chutani And Another Counsel for Petitioner :- Vinayak Mithal Counsel for Respondent :- Sanjay Kumar Srivastava of Hon'ble Manoj Kumar Gupta,J.
Sri Sanjay Kumar Srivastava, counsel for the respondent, has put in appearance.
Although the petitioners have applied for impleadment in Original Suit No.857 2014 the application is still pending.They have filed the instant petition seeking quashing of the entire proceedings of the suit and also the order dated 30.7.2014, by which temporary injunction was granted in favour of the plaintiff-respondents. They have also prayed for a direction to the trial court to decide the application under Order 7 Rule 11 C.P.C. filed by the defendant-Bank.
Since the petitioners have yet not been impleaded, therefore, this Court is not inclined to entertain the prayers made in the instant petition at their behest. However, the petition is disposed of with direction to the trial court to decide the application for impleadment filed by the petitioners expeditiously, preferably within a period of eight weeks from the date of receipt of certified copy of this order. In case the petitioner's impleadment application is allowed, it shall be open to them to move their own independent application for rejection of the plaint and in which event, the trial court shall be obliged to decide the said application in accordance with law.
(Manoj Kumar Gupta,J.) Order Date :- 24.10.2019 Chandan