VINOD KUMAR SOOD Vs. SURINDER PAL DHALL AND CO.
HIGH COURT OF HIMACHAL PRADESH
Vinod Kumar Sood
SURINDER PAL DHALL AND CO.
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V.P BHATNAGAR,J. -
(1.) This application has been moved under the provisions of Order XLVII, Rule 1 of the Code of Civil Procedure for review of the order made by this Court on 27 -11 -1989 in Civil Suit No. 7 of 1989 whereby the suit was dismissed as withdrawn This order was made on an application moved by the learned Counsel for the plaintiffs including the applicant but it is not disputed that the application had infact been signed by two of the three plaintiffs and not by the plaintiff -applicant.
(2.) The main ground taken up by the applicant seeking review of the order dated 27 -11 -3989 is that he never consented to the suit being withdrawn and that his co -plaintiff Yash Pal Sood mis -represented to their Counsel in the matter. In support of his aforesaid averment he has attached his own affidavit as also that of Shri Kapil Dev Sood, Advocate
(3.) The respondents have contested the application on several grounds It has been inter alia alleged that there was intentional abandonment of the claim by all the plaintiffs and that the application now being made is a result of afterthought and is actuated by mala fide. The maintainability of an application for review, in the facts and circumstances of this case, has also been challenged.;
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