AJAY DUBEY Vs. HIMLAND HOTEL
LAWS(HPH)-1997-12-10
HIGH COURT OF HIMACHAL PRADESH
Decided on December 08,1997

AJAY DUBEY Appellant
VERSUS
HIMLAND HOTEL Respondents




JUDGEMENT

A.L.VAIDYA, J. - (1.)A suit for recovery of Rs 27,911.63 paise was filed by the plaintiff M/s Himland Hotel (West), Shimla through its Proprietor Sh. V.P. Akre against the present petitioner Sh Ajay Dubey. On the pleadings of the parties, issues were framed on 19 -4 -1993 and on 25 -3 -1994 when the case was fixed for plaintiffs evidence it was revealed that Proprietor of the plaintiff concern had died and the legal representatives wanted to move an application. An application under Order 1, Rule 10 read with Order 6, Rule 17, C.P.C. was filed and it was prayed therein that Sh. Anil Walia be ordered to be added and substituted in place of Sh. V.P. Akre as Managing Director in the plaint. This application was resisted on behalf of present defendant -petitioner,
(2.)The trial Court after hearing the parties, allowed the application subject to payment of Rs. 300 as costs vide order dated 23 -2 -1997. The amended plaint is on record.
(3.)The aforesaid order passed by the trial court allowing the application preferred under Order 1, Rule 10 read with Order 6. Rule 17, C.P.C. has been assailed in the present revision petition on various grounds.


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