(M co IN THE HON'BLE HIGH COURTOF CHHATt1§SXT^H"Af BILASPUR WRIT PETITION (C) NO.^^)F 2007 PETITIONER : ^-"" PLAINTIFF .•-^w ^: w Jai Prakash Agrawal, S/o, Shri Ram Kumar Agrawal, Aged about 42 years, R/o, Davipara, Raigarh, District. Raigarh (Chhattisgarh) VERSUS RESPONDENTS DEFENDANT M/S, Madhoram & Sons through Partner Santosh Kumar Gupta, S/o, Late Shri Madhoram Gupta, aged about 48 years, Profession- Business, R/o, Goshala Road, Raigarh, Dist. Raigarh (Chhatfisgarh) WRIT^ETITION UNDER ARTICLE 227 OF THE CONSTITUTfON^F INDIA FOR ISSUANCEOF WRIT IN fHE^NATU RE OF CERTIORARI AND OTHER SUITABLE WRIT OR WRITS DIRECTION OR DIRECTIONS ORDER OR ORDERS. 1^1 ' The petitioner, named above, most respectfully submits as under:- o ^ 'Fi^T '3?T^I ^^;s*,' w^wtf »<n<*i g^ ^T3~CT!r. vS'W"6. r'^^W'i't. ^S-<^-(^6^-........ '7L itfST »ra°h TSflwgfe-" i?-?: Wqf?PJH•IB^if fe%t^fe?TC ^ 3;^^<HT^i S.B. Hon'ble Shri Justice N.KtAaarwal 02.09.2009 j Shri ManindraShrivastav^, Sr. Advocate with Shri Devendra Patel, Advocate for petitioner. j Smt. Hamida Siddique vf'ith Shri MV Gupta, Advocates for respondents. The instant petition is ^Jirected against the order dated 10.09.2007, passed by the Fir^t Civil Judge Class II, Raigarh, in civil suit No. 36A/2007 where^y and whereunder the application under Order 1 Rule 10 of CPCj filed by the legal representative of deceased Purshottam Das Gupla was allowed. Shri Shrivastava, learified counsel appearing for the petitioner submits that vide impugned order the trial court has allowed the legal representative of deceased partner Purshottam Das Gupta to be impleaded in his individual capacity and not as a legal representative of deceased partner Purshottam Das Gupta, and therefore, the order js patently illegal and deserves to be set aside. Per contra, Smt. Hamida Siddique, learned counsel appearing for the respondents submits that the respondent No. 2 has been impleaded by the trial court vide impugned order as a legal representativeofdeceased partner Purshottam Das Gupta >ffiv**flE^^nn^^ » ^rc?'^TSr'^pT; ®Ttf+1i!S.|ci<11+-*l< s^3?T-q^r (ipg^ief.) ii3R-?; ^T? IT?'~TS' t^nisp: WfST s~y '^P^NN' TETiRf ^' tS^ST ^f^$i( ^ 3^TST affi^i and not in his individual c&pacity, and therefore, no illegality '?\?t-1^' -~~s has been committed by the couri| below in passing the said order. Having heard the counsel jTor the parties and having perused the record, this petition is dispos^d of with the clarification that vide -ffftl^gned ordier the court bel deceased Purshottam Das Gup •^:'^. not in his individual capacity. i)w directed to add the son of ia as his legal representative and Sahu Since the matter is very jold, the trial court is directed to decide the matter expeditiously. j With the above clarificatioi^and direction, this petition stands disposed of. No order asto costq. ——— — Sd/- N.K. Agrawal Judge