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Shambhudayal th. LR’s. vs. Manoj Kumar & Ors.

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Code of Civil Procedure, 1908–Order 18, Rule 3A r/w. Sec. 151 & Order 7, Rule 14–Prayer of petitioners that H was stranger to the suit, therefore, affidavit filed by him for examination- in-chief should be kept in D part–Rejected–Further, the application of defendant no. 4 under Order 7, Rule 14 was allowed and the authority letter dated 10.07.2016 was taken on record–Pleadings made in para no. 11 are relevant to determine as to whether H was stranger to the suit–He was the person who accepted the gift deed from the owner of property on behalf of Club–Executive members of Club change every year and S who was impleaded as defendant no. 4, was not the President on the relevant date–It cannot be said that only S could have lead the evidence on behalf of Club–Authority letter issued in favour of H remained uncontroverted and undisputed–H was a signatory of the gift deed which is the bone of contention in the present suit–Defendant-Club is an artificial identity and has to be represented through some natural persons–Mere marking of a document would not dispense the need to prove the genuineness of the document–Impugned order is in consonance with law–Interference declined.