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BANKERS EQUITY LIMITED versus ROOH ULLAH KHAN


In the suit cases for recovering the sum OI, R 10 money to the CPC parties to the Civil Procedure Code Order I, the trial court had compiled the matters arising from the parties' requests and listed the evidence presented by each of them in the suit. When such suits were on stage. To hear the arguments for which different dates were set, a finance company (applicant) filed a lawsuit in each of the cases to enforce the party's position, stating that the company was in the suit. The defendants have a secured lender, charged first. His assets and that a decree of Rs.60 crores was obtained by the banking tribunal in favor of him and in this case it was a party of interest and in this case he was the defendant. Was entitled to apply. In the interest of justice, the remaining applicants of the plaintiffs / finance company have already been equipped with a decree against the defendants in the suit, in order to take care of their interest in the defendants' assets. The assets were under the first charge of the applicant / finance company and, as was stated in the said decree, the presence of the banking tribunal for the determination of the questions raised in the suit was the payment schedule given by the finance company / applicant. Neither needed nor appropriate nor needed, as applicant / finance less Ni was not to allow any airport to join the action. Therefore, under the OI, R 10, CPC, the finance company's application was rejected in appropriate circumstances.

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