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Judgment
Sanjay K. Agrawal, J
Heard.
The plaintiff's application under Order 6 Rule 17 read with Section 151 of the CPC has been rejected on the ground that the application under Order
7 Rule 14(3) read with Section 151 of the CPC has already been rejected and it is consequential to that application.
Learned counsel for the petitioner / plaintiff submits that the order impugned is unsustainable and bad in law.
The application under Order 6 Rule 17 of the CPC ought to have been decided on its own merit which has not been done and the same has been
rejected on the ground which is impermissible in law.
Therefore, the impugned order is set aside and the trial Court is directed to consider the application under Order 6 Rule 17 of the CPC on its own
merit within seven days from the date of submission of a copy of this order, after hearing the opposite party. Respondents No.1 and 2 are at liberty to
make an application for modification of this order, if aggrieved.
The writ petition is allowed to the extent indicated herein-above. No order as to cost(s).