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Judgment
Learned Counsel for Respondent No. 2 and Petitioner are present. Proceeding against Respondent No. 1 is running ex parte.
MA No. 18 of 2023, on behalf of Respondent No. 2 under Order 1 Rule 10 read with Order 7 Rule 11 of CPC and Section 151 has been moved by Respondent No. 2 for dismissal of Petition or deletion of Respondent No. 2 from array of the parties.
Learned Counsel for Respondent No. 2 mentioned that being a Competitive MSO, having no privity of contract with Petitioner, there is no liability of Respondent No. 2, with regard to claim, raised against Respondent No. 1, as has been settled by this Tribunal in previous many judgments, hence, Respondent No. 2 is permitted to be deleted.
Learned Counsel for Petitioner mentioned that accusation is against Respondent No. 1 and swapping has been levelled against Respondent No. 2, in connivance with Respondent No. 1. Hence, the final judgment is to be written in view of settled proposition of law rather than deletion be permitted from array of parties.
Having heard and gone through materials placed on record, it is apparent that parties have exchanged their pleadings, issues have been framed, and evidences have been led. Hence, the adjudication is to be made along with final judgment. Hence, at this stage deletion from the array of parties is not required. Accordingly this MA is being denied.
Heard over MA. No. 148 of 2023 filed by Petitioner, under Order 7 Rule 14 (3) read with Section 151 of Code of Civil Procedure for a permission, for filing additional documents, annexed with affidavit.
Learned Counsel for Petitioner argued that those documents of whom contentions and photocopies are already on record or not a fresh documents. They are required to be on record for just and proper adjudication. The delay is not deliberate one. More so, Respondent No. 1 is not contesting and proceeding against it is running ex-parte.
Respondent No. 2 is with no objection over this MA, except a prayer for deletion from the array of parties. Having heard and gone through material placed on record, it is apparent that the contentions with regard to documents, requested to be filed, are already there in the pleadings. Hence, this application is of sufficient ground. Accordingly, allowed. Documents are permitted to be taken on record.
List the matter ‘for final arguments’ on 16.08.2023.