[Civil Appeal No. 65 of 2014 arising out of Special Leave Petition (Civil) No.5951 of 2011]. This appeal has been filed impugning the judgment and order dated 12th November, 2010 in FAO (OS) NO.607 of 2010, whereby the Division Bench of the Delhi High Court dismissed the appeal filed by the appellant in I.A. NO.13902 of 2008 filed under Order VIII rule 1 praying for extension of time for filing written statement by the defendant i.e. the appellant herein till I.A. No. 11803 of 2008 filed under Order I rule 10 to implead Mr. Sharad Maheshwari as plaintiff. The aforesaid Mr. Sharad Maheshwari is the Managing Director of the plaintiff Company who is privy to the entire cause of action of the suit filed for recovery of Rs.39.90 lakhs based on alleged oral agreement/understanding. The applications filed by the appellant were dismissed by the learned Single Judge of the High Court on 3rd August, 2010. The aforesaid order was challenged before the Division Bench. The Division Bench after hearing the counsel for the parties has observed that the learned single judge has correctly held that it is not necessary to implead Mr. Sharad Maheshwari as the plaintiff as the company being a legal entity is entitled to file a suit in its own name through an authorized representative. It is also observed that it is for the plaintiff to prove its case during the trial.
↧