CR No. 4055 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 16811-CII of 2009 and CR No. 4055 of 2009 Date of Decision: 4.9.2009 Kips India Pvt. Ltd. and another ....Petitioners. Versus Arya Samaj, Model Town and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Rajinder Goyal, Advocate for the petitioners. AJAY KUMAR MITTAL, J. C.M. No. 16811-CII of 2009 Allowed as prayed for. C.R. No. 4055 of 2009 The defendant-petitioners have approached this Court by way of instant revision petition under Article 227 of the Constitution of India challenging the order dated 19.2.2009 (Annexure P-1) passed by the trial court whereby an application filed by them for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure, was dismissed. The defendant-petitioners had sought rejection of plaint through an application dated 13.4.2007 on the ground that the plaintiff is an unregistered firm and the suit having been filed by Manohar Lal Sahni in the capacity of the President of that firm was not maintainable; CR No. 4055 of 2009 -2- and that since Manohar Lal Sahni had expired, he had not been substituted by a duly authorized and competent person. I have heard the learned counsel for the petitioners and perused the impugned order. The trial court while observing that since the issues had already been framed and the case is fixed for evidence of the plaintiff had, in paras 3 and 4 of its order, recorded as under:- “3. After having heard the contentions of the parties, it is observed that plaintiff had filed another application on 14.7.2007 substituting Ramesh Chander Pahuja in place of Manohar Lal Sahni and the same has been allowed on 15.12.2008 as defendant counsel has endorsed no objection in substituting Ramesh Chander Pahuja as Presiddent of the Arya Samaj Mandir in place of Manohar Lal on account of his death. Moreover, along with that application, plaintiff filed list of members of the Arya Samaj so that necessary notice be issued in compliance of Order 1 Rule 8 CPC seeking necessary permission from the members of the Arya Samaj to file the suit of the Arya Samaj. That application under Order 1 Rule 8 CPC has already been allowed vide order dated 15.12.2008. When application under Order 1 Rule 8 CPC impleading Ramesh Chand Pahuja in place of Manohar Lal Pahuja already stand CR No. 4055 of 2009 -3- allowed, thus, application in hand has become infructuous and same stands dismissed. 4. Since, issues have already been framed, thus, case stands adjourned to 20.7.2009 for evidence of plaintiff.” In view of the above, this Court is satisfied that there is no illegality or perversity in the order dated 19.2.2009 passed by the trial court which may warrant interference by this Court in exercise of its jurisdiction under Article 227 of the Constitution of India. Dismissed. September 4, 2009 (AJAY KUMAR MITTAL) gbs JUDGE