9911796707
TMI Blog2015 (6) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... led under Article 227 of the Constitution challenges the order dated 8.5.2015 whereby the application preferred by the respondent/plaintiff under Section 151 CPC (Annexure P-5) is allowed by the Court below. 2. The plaintiff filed a suit for declaration and permanent injunction. Shri Basant Lal Jain was impleaded as defendant No.2. However, the plaintiff filed said application under Section 151 C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posed by Shri Jain who supported the order of Court below. 6. I have heard the learned counsel for the parties and perused the record. Order 1 Rule 10(2) reads as under:- "(2) Court may strike out or add parties. -- The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... death and impleaded him as defendant No.2, it can be said that he was improperly impleaded. Apart from this, no prejudice is caused to petitioner by the impugned order. Thus, I am unable to hold that the Court below has committed any error in permitting the deletion of the name of said defendant under Order 1 Rule 10(2) CPC. It cannot be forgotten that the procedural law is made for smooth functio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ople up. Too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against. The Apex Court in (1975 (1) SCC 774 (Sushil Kumar Sen v. State of Bihar) opined that the mortality of justice at the hands of law troubles a judge's conscience and points an angry interrogation at the law reformer. The processual law so dominate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terpreting a part of the adjective law dealing with procedure alone in such a manner as to subserve and advance the cause of justice rather than to defeat it as all the laws of procedure are based on this principle. In (2005) 4 SCC 480 (Kailash vs. Nanhku and others) the Apex Court held that the provisions of CPC or any other procedural enactment ought not to be construed in a manner which would l ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
