9911796707
TMI Blog2014 (8) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... fendants in the original suit are referred as respondents here after. 3. The revision petitioner has filed a suit for declaration that he is not a Director of the 2nd respondent company and consequently granted permanent injunction restraining the 1st respondent from proceeding to recover any dues of the 2nd respondent company from the revision petitioner. On the side of the 1st respondent filed detailed written statement and the trial court has framed necessary issues and then the trial was also commenced. 4. In part heard stage, on the side of the revision petitioner one C.K.Simon, who is brother-in-law of the revision petitioner filed a petition and in the affidavit, it is stated that the revision petitioner is not the Director of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer. Further, the affidavit filed by brother-in-law of the revision petitioner is not entertainable since he has not connected with the above said company in any way and hence, prayed for dismissal of the petition. 6. The trial court has considered both sides contentions and finally dismissed the above said petition. Aggrieved over the above said finding of the trial court, this revision petition has been filed. 7. Admittedly, the revision petitioner has not filed any affidavit. Only the alleged brother-in-law of the revision petitioner namely one C.K.Simon alone filed the affidavit. No sufficient reason has been stated in the affidavit, for not filing any affidavit by the revision petitioner and only filed by brother-in-law of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onversant with the facts of the case, can file the affidavit and therefore, no illegality in the affidavit filed by the third party in the present case. A careful reading of the above said decision revealed that the above said facts are not applicable to the facts of the present case. In the above said case, the plaintiff in the suit was a old man living in Germany. In the above said circumstances, the counsel on record filed an affidavit by stating that he was well aware of the facts of the case and explained the circumstances under which, the defendant was set exparte and the above said fact was only within the knowledge of the counsel on record, who filed the petition. Therefore, the facts of the above said case are not applicable to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
