The document is an application filed in court by certain defendants seeking to be removed from the array of parties in a pending suit. It argues that no cause of action was made out against the applicant defendants and that they were not signatories or parties to the documents cited in the plaint. The application states that the plaintiff has cleverly drafted the plaint to create an illusion of cause of action against the defendants.
The document is an application filed in court by certain defendants seeking to be removed from the array of parties in a pending suit. It argues that no cause of action was made out against the applicant defendants and that they were not signatories or parties to the documents cited in the plaint. The application states that the plaintiff has cleverly drafted the plaint to create an illusion of cause of action against the defendants.
The document is an application filed in court by certain defendants seeking to be removed from the array of parties in a pending suit. It argues that no cause of action was made out against the applicant defendants and that they were not signatories or parties to the documents cited in the plaint. The application states that the plaintiff has cleverly drafted the plaint to create an illusion of cause of action against the defendants.
The document is an application filed in court by certain defendants seeking to be removed from the array of parties in a pending suit. It argues that no cause of action was made out against the applicant defendants and that they were not signatories or parties to the documents cited in the plaint. The application states that the plaintiff has cleverly drafted the plaint to create an illusion of cause of action against the defendants.
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APPLICATION ON BEHALF OF CERTAIN DEFENDANTS
UNDER ORDER 1 RULE 10(2) READ WITH SECTION 151 OF
THE CODE OF CIVIL PROCEDURE FOR DELETION OF THE NAMES OF THE ANSWERING DEFENDANTS FROM THE ARRAY OF THE PARTIES IN A PENDING SUIT FOR DECLARATION AND RECOVERY OF MONEY.
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION _________
Suit No. _______of ________
In the matter of : M/s _______________. ……Plaintiff Versus M/s _______________& Ors. ….. Defendants
INDEX
S.NO. PARTICULARS PAGE
1 Application on behalf of Defendant No.____ Mr._____________, Defendant No.____ Mr._______________, Defendant No.____ Mr.______, Defendant NO.___ Mr.______ and Defendant No.___ Mr.______ under order 1 (rule 10(2) read with Section 151 of the Code of Civil Procedure.
APPLICANTS /DEFENDANTS
Through
( ) ADVOCATE ENROLLMENT NO……… ADDRESS:……………… EMAIL:………………… MOB. NO……………… Place :_____ Signed on: ___________ Filed on : IN THE COURT OF CIVIL JUDGE SENIOR DIVISION _________
Suit No. _______of ________
In the matter of : M/s _______________. ……Plaintiff
NO.___Mr.______ UNDER ORDER 1 (RULE 10(2) READ WITH
SECTION 151 OF THE CODE OF CIVIL PROCEDURE.
Most respectfully Showeth,
1. The Plaintiff has filed the above said suit for declaration and
recovery of money against the defendants alleged to be due on
account of excess money realized for marketing for the
Defendant No.____ of space admeasuring
_______________sq.ft. on ____ to ___ floors of the
___storeyed commercial building proposed to be constructed
by the Defendant No.____ on plot of land measuring
______sq.yards. It has been alleged in the plaint that the
plaintiff was appointed by Defendant No.____ as an
Underwriter for marketing the above mentioned space vide
letters dated __________ and __________, copies whereof
have been filed by the plaintiff.
2. The plaintiff has also claimed in the suit a decree of declaration
to the effect that the terms of the letters dated __________ and
__________ are binding on all the defendants and has prayed
for a money decree of Rs.__________/- together with interest
@___% p.a. against the defendants jointly and severally. The
allegations made in the plaint may be adverted to.
3. In the plaint, no cause of action has been made out against the
applicants/defendants. It is relevant to state that the answering
defendants are neither signatories nor parties to the alleged
documents dated __________ and __________ in any manner.
4. It is a trite law that a company is a separate legal entity than its
Directors and Employees and they cannot be held to be
personally liable under civil law for any contractual liability of
the company. The answering defendants were neither
employees nor directors of def. no.__ co. during the relevant
period.
5. The Plaintiff has by clever drafting created an illusion of cause
of action against the applicants/defendants. No valid and
subsisting cause of action has been made out against the
answering defendants and , for the aforesaid reason, the names
of the answering defendants are liable to be struck off from the
array of the defendants.
6. The present application is bonafide and in the interest of
justice. In view of the above, it is most humbly prayed that this Hon’ble Court
may kindly be pleased to direct that the names of the answering
defendants may kindly be deleted from the array of the parties.
APPLICANTS /DEFENDANTS
Through
( ) ADVOCATE ENROLLMENT NO……… ADDRESS:……………… EMAIL:………………… MOB. NO……………… Place :_____ Signed on: ___________ Filed on : IN THE COURT OF CIVIL JUDGE SENIOR DIVISION _________
Suit No. _______of ________
In the matter of : M/s _______________. ……Plaintiff
Versus
M/s _______________& Ors. ….. Defendants
AFFIDAVIT
I, _______ S/o Shri _______, resident of ________________ do hereby
solemnly affirm and declare as under:
1. That the above matter is pending in the Hon’ble Court and is fixed
for ________________.
2. That I am filing the accompanying application under order 1 Rule
10 read with section 151 CPC
3. That the accompanying application has been drafted by my
Counsel under my instructions and the contents thereof have ben
read over to me and I have understood the same
DEPONENT
VERIFICATION:
Verified at _______ on this …………………… the contents of the above
affidavit to be true and correct as per the record available and also to the
best of my knowledge and belief and that nothing has been concealed
