IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2639 OF 2008 IN SUIT NO.3359 OF 1986 Nusli N. Wadia & Ors. ..... Plaintiffs V/s. Sevanti Sadanand Singade & Ors. .... Defendants Mr.S.B.Amin, for the plaintiffs. Mr.M.Rathod with B.B.Madekar, for defendant No.2 in support of Notice of Motion. Mr.Atul Singh i/by D.R.Shah, for defendant No.1A Mr.Sagar Agarkar, for defendant No.6 CORAM: R.Y.GANOO, J. DATED: 16th JANUARY, 2009. P.C. 1. This notice of motion is taken out by defendant No.2. By this motion, defendant No.2 wants that in terms of Order 12 Rule 6 of C.P.C., the name of defendant No.6 should be struck off from the cause title. 2. I have with the assistance of the learned counsel appearing for the both sides, perused the text of the notice of motion and understood the provisions of Order 12 Rule 6 of CPC, which speak of passing of judgment on certain terms & conditions after certain pre-requisites are 2 complied with. On proper appreciation of prayer clause (a) of the notice of motion, it is apparent that there is no provision for striking off the name of the defendant at the instance of another defendant under Order 12 Rule 6 of CPC. Hence, this notice of motion appears to be misconceived. 3. The learned counsel for defendant No.2 states that he intended to take out the notice of motion for a decree in view of provisions of Order 12 Rule 6, on the basis of the documents which are listed in prayer clause (a). He sought liberty to take out appropriate notice of motion for appropriate prayers. The prayer for withdrawal of the notice of motion can be granted. However, in the fitness of things I am inclined to order that defendant No.2 shall pay costs, as he has by this notice of motion made plaintiff and defendant No.6 to appear before this Court and make them to apply their mind on certain points. Hence, the order. ORDER 1. The notice of motion is allowed to be withdrawn with a liberty to take out appropriate motion with appropriate reliefs by relying upon Order 12 Rule 6 of CPC. 2. The defendant No.2 shall pay one set of cost quantified at Rs.1,000/- to the plaintiffs and one set of costs quantified at Rs.1,000/- to defendant No.6. 3. This costs should be paid on or before 27-01-2009. No other notice of motion is pending. It is clarified that if the defendant No.2 does not comply with this order, his defence shall stand struck off without any further reference to the Court. 4. Suit is of 1986. It is ordered to be placed for issues on 11- 02-2009. ( R.Y.GANOO, J. )