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Judgment
Sanjay K. Agrawal, J
By the impugned order dated 04.08.2018 (Annexure - A/2), the application filed by the applicant / defendant No. 1 under Order 7 Rule 11(d) read
with Order 22 Rule 9 and Section 151 of the Code of Civil Procedure has been rejected by the trial Court against which this civil revision has been
preferred.
Learned counsel for the applicant submits that the impugned order is unsustainable and bad in law and is liable to be set aside as the trial Court had
earlier brought on record one fictitious person as defendant and as such suit has abated.
On the other hand, learned State counsel would support the order impugned.
I have heard learned counsel for the parties.
The trial Court has rightly rejected the application filed by the applicant under Order 7 Rule 11 (d) of C.P.C. as he has already been substituted as
defendant in place of originally substituted defendant in the civil suit and as such, I do not find any ground to interfere with the order rejecting the
application filed under Order 7 Rule 11 (d) C.P.C.
Accordingly, the civil revision deserves to be and is hereby dismissed with no order as to cost(s)