IN THE COURT OF LD.

ADDITIONAL DISTRICT JUDGE, KINNAUR AT RAMPUR ,

DISTT. SHIMLA, H.P.

In the matter of:

1. Smt. Usha Verma w/o Lt. Sh. Sanjay Verma, Proprietor of V.S. Fruit Company,
Kandyali, Village & P.O. Kandyali, Tehsil Kumarsain, District Shimla, H.P.

2. Sh. Swapil Verma s/o Lt. Sh. Sanjay Verma

3. Smt. Radha Verma w/o Sh. Roshan Lal

All are r/o Village Prem Nagar, P.O. Pharal, Tehsil Kumarsain, District Shimla, H.P.

..................Applicant/Plaintiff
Versus
1. Sh. M.D. Tahir & Bros. Fruit Commission Agent & Order Supplier, Shop No. B-21,
Naveen Fal Mandi, Chakarpur, Kanpur, U.P.
Mob. No.: 9889836959

2. APMC Kanpur, Through its Secretary, Naveen Fal Mandi, Chakarpur, Kanpur, U.P.

.......Non-Applicant/Defendants
Application u/o 1 rule 10(4) read with section 151 of cpc
for adding APMC, Dhalli through their Secretary as
necessary party in the original suit.

Respectfully Showeth,

1. That the applicants/plaintiffs had filed a civil suit for recovery of Rs. 29, 86,196.98/-
which is pending before this Hon’ble court for adjudication and is fixed on 15.01.18 for
filing of reply to the application filed by non-applicant no.1 under order 7 rule 11 read
with section 20 of CPC as well as written statement.

2. That the suit was filed by the applicants/plaintiffs for recovery of Rs. 29, 86,196.98/-
against the non-applicants. That the applicants inadvertently could not implead APMC,
Dhalli through their Secretary as necessary party in the original suit at the time of filing
the present suit for the recovery. It is pertinent to mention here that APMC, Dhalli
through their secretary has issued a license to run the company namely V.S. Fruit
Company, Kandyali, Village & P.O. kandyali. Earlier the proprietor was Lt. Sh. Sanjay
Verma vide registration number APMC/S&K-09/MKD-03/2013 which was valid upto
31.03.2014 which was later on renewed from 01.04.2014 to 31.03.2015 with same
registration number. The entire business especially in the apple season was run under the
guidelines of APMC, Dhalli after paying the requisite fee.

3. That Lt. Sh. Sanjay Verma had supplied the entire consignment of apples on demand
after the rate and quality being verified and checked through the defendant no.1’s agent
and sometime defendant no. 1 himself visited the shop of the deceased Lt. Sh. Sanjay
Verma to do the same. The defendant no.1 transported the entire apples consignment
after paying fee to APMC, Dhalli, Shimla, hence entire cause of action has arosen in
Shilaroo and Dhalli i.e. within the territorial jurisdiction of this hon’ble court and
therefore it is necessary to implead the APMC, Dhalli as necessary party in the suit and it
 maybe impleaded as defendant no. 3 in the memo of parties. Hence, this present
application for bringing on record the APMC, Dhalli through their Secretary as necessary
party. The applicants have attached amended memo of parties along with this application
for kind perusal of the hon’ble court.

4. That this hon’ble court has ample power to add/substitute the intended non-applicant no.3
i.e. APMC, Dhalli through their Secretary as defendant no.3 in the original suit in the
memo of parties and no prejudice will be caused to the other non-applicants/defendants,
in case this application be considered and allowed and the applicants be also allowed to
amend the plaint wherever necessary.

5. The plaintiffs intend to amend the plaint by inserting word h before e and no.1 after the
word defendnat at 3rd line of para 2. The plaintiffs have also inserted new paras i.e. para
2A, 3A and 11A in the amended plaint.

It is therefore, most humbly prayed that this application under u/o 1 rule
10(4) read with section 151 of cpc for adding the non-applicant no.3 as necessary party
in the suit may kindly be considered and allowed and applicants may also be allowed to
amend the plaint in the interest of justice & fair play.

Applicants

Through Counsel

Satpal Chauhan
(Adv.)

Place: Rampur

Date: 12.01.18
 IN THE COURT OF LD. ADDITIONAL DISTRICT JUDGE, KINNAUR AT RAMPUR ,
DISTT. SHIMLA, H.P.

In the matter of:

1. Smt. Usha Verma w/o Lt. Sh. Sanjay Verma, Proprietor of V.S. Fruit Company,
Kandyali, Village & P.O. Kandyali, Tehsil Kumarsain, District Shimla, H.P.

2. Sh. Swapil Verma s/o Lt. Sh. Sanjay Verma

3. Smt. Radha Verma w/o Sh. Roshan Lal

All are r/o Village Prem Nagar, P.O. Pharal, Tehsil Kumarsain, District Shimla, H.P.

..................Applicant/Plaintiff
Versus
1. Sh. M.D. Tahir & Bros. Fruit Commission Agent & Order Supplier, Shop No. B-21,
Naveen Fal Mandi, Chakarpur, Kanpur, U.P.
Mob. No.: 9889836959

2. APMC Kanpur, Through its Secretary, Naveen Fal Mandi, Chakarpur, Kanpur, U.P.

.......Non-Applicant/Defendants
Affidavit in support of application u/o 1 rule 10(4) read
with section 151 of cpc for transposing/substituting the
non-applicant no.3 as necessary party in the suit filed by
the applicants.

I, Usha Verma aged about 45 years w/o Lt. Sh. Sanjay Verma, Proprietor of V.S. Fruit Company,
Kandyali, Village & P.O. Kandyali, Tehsil Kumarsain, District Shimla, H.P.do hereby solemnly
affirm and declare as under:

1. That the accompanying application has been prepared & drafted by my counsel under my
instructions and at my instance & the contents of the same has been read over &
explained to me in vernacular which are correct & nothing false is stated therein.

2. That I have carefully gone through the contents from para 1 to 4 of the application, which
are true & correct to the best of my personal knowledge & belief and as per the legal
advice received from my counsel.

Deponent

VERIFICATION

I, the above named deponent, do hereby verify that the contents of Para No. 1 & 2 of my
above affidavit are true. No part of it is false and nothing material has been concealed therein.

Verified at Rampur on this 12th day of January 2018.

Deponent
 IN THE COURT OF LD. ADDITIONAL DISTRICT JUDGE, KINNAUR AT RAMPUR ,
DISTT. SHIMLA, H.P.

Amended Memo of Parties

In the matter of:
1. Smt. Usha Verma w/o Lt. Sh. Sanjay Verma, Proprietor of V.S. Fruit Company,
Kandyali, Village & P.O. Kandyali, Tehsil Kumarsain, District Shimla, H.P.

2. Sh. Swapil Verma s/o Lt. Sh. Sanjay Verma

3. Smt. Radha Verma w/o Sh. Roshan Lal

All are r/o Village Prem Nagar, P.O. Pharal, Tehsil Kumarsain, District Shimla, H.P.

..................Applicant/Plaintiff
Versus
1. Sh. M.D. Tahir & Bros. Fruit Commission Agent & Order Supplier, Shop No. B-21,
Naveen Fal Mandi, Chakarpur, Kanpur, U.P.
Mob. No.: 9889836959

2. APMC Kanpur, Through its Secretary, Naveen Fal Mandi, Chakarpur, Kanpur, U.P.

3. APMC, Dhalli, Through its Secretary, APMC Building, Sabzi Mandi, Dhalli at Dhalli,
Shimla, H.P.-171012

.......Non-Applicant/Defendants

Applicants

Through Counsel

Satpal Chauhan
(Adv.)

Place: Rampur

Date: 12.01.18