VIVEK KUMAR BIRLA,J. - (1.) Heard learned counsel for the petitioner.
(2.) Present writ petition has been filed for setting aside the impugned order dated 29.8.2017 passed by Judge, Small Causes Court/Additional District Judge, Court No. 11, Ghaziabad in S.C.C. Case No. 66 of 2015, Jogendra Kaur v. Gyanender Kumar filed as Annexure-5 to the writ petition.
(3.) By the impugned order Application Paper No. 24C has been rejected. In the aforesaid application it was claimed that M/s Sharma Gas is the tenant in the godown whereas the suit has been filed against Gyanendra Kumar Sharma in his individual capacity whereas infact the firm is the tenant in the shop and it was claimed that the notice should have been sent to M/s Sharma Gas through its proprietor on the address of the office of the firm and not to the proprietor Gyanendra Kumar Sharma on his residential address and as such the proper party has not been impleaded and the notice has also not been served on the firm therefore, the suit is liable to be dismissed as not maintainable.;