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Punjab-Haryana High Court

Epicor Software Corporation vs Allengers Medical Systems Ltd. And ... on 21 January, 2020

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

         In the High Court of Punjab and Haryana, at Chandigarh

                                                  Civil Revision No. 6566 of 2019

                                                    Date of Decision: 21.01.2020


Epicor Software Corporation
                                                                   ... Petitioner(s)

                                         Versus

Allengers Medical Systems Ltd. and Others
                                                                 ... Respondent(s)

CORAM: Hon'ble Mr. Justice Anil Kshetarpal

Present:     Mr. Rohan Mittal, Advocate
             for the petitioner(s).

Anil Kshetarpal, J.

The defendant No.1 has filed this revision petition against order passed by the learned trial Court dismissing its application under Order I Rule 10 CPC for deleting its name from array of respondents.

The defendant No.1 claims that it does not have any privity of the contract with the plaintiff and therefore, it is neither proper nor necessary party.

The learned trial Court, on consideration of material available on the file, has held that the allegations made in the application by defendant No.1 in support of prayer for deletion of its name are required to be considered on the basis of evidence produced in support thereof. The Court has noticed that the plaintiff has claimed that all the defendants are individually and jointly cheated the plaintiff company by not completing the commitment made.

1 of 2 ::: Downloaded on - 09-02-2020 19:48:38 ::: Civil Revision No. 6566 of 2019 2 In view thereof, there is no ground to interfere. As such, present petition shall stand dismissed.

(Anil Kshetarpal) Judge January 21, 2020 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 09-02-2020 19:48:38 :::