Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 1753/25
GREEN AGRO Vs. AGARWAL FOOD PRODUCTS
08.12.2025
Present: Sh. Yash Gupta, Ld. counsel for plaintiff.
The matter is listed for consideration on the application
under Order 1 Rule 10(2) CPC for converting defendant no.3 and
defendant no.4 into a proforma defendant.
Submissions heard. Record perused.
Perusal of the record shows that the plaintiff has filed the
present suit for recovery of Rs. 61,238/- alleged to be outstanding
against the defendant firm. Defendant no.1 is a firm of which defendant
no.2 is the sole proprietor and defendant no. 3 and 4 are the Managers
of defendant no.1 firm.
Perusal of the record also shows that the only pleadings
qua defendant no. 3 and 4 is that plaintiff no.2 used to share invoices
with them.
The liability to pay the alleged amount rests solely upon
defendant no. 2 who is the sole proprietor of the firm. Sharing invoices
with the Managers does not
ipso facto make them liable to pay the said
amount unless any fraud or negligence is attributed to them.
In the instant case, there is no allegation of
mismanagement, fraud or negligence against defendant no. 3 and 4.
Thus, defendant no. 3 and 4 are neither necessary nor proper party to
the present suit. Hence, they are deleted from the array of parties.
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Accordingly, the application under Order 1 Rule 10(2)
CPC filed by plaintiff for converting defendant no.3 and defendant no.4
into a proforma defendant is dismissed being infructuous.
As per the memo of parties, defendant no.2 is stated to be
the proprietor of defendant no.1. It is well settled principal that
proprietorship firm has no legal status separate from its owner. Sole
proprietor is personally liable for all the business debt and obligations.
Therefore, defendant no. 1 and 2 are one and the same person and
accordingly defendant no. 1 is deleted from the array of parties.
Let summons under Order 37 CPC be issued to the
defendant no. 2 on filing of PF/RC within 15 days.
Put up for further proceedings on 18.03.2026.
(Akshay Prakash)
Civil Judge-04, Central,
Tis Hazari Courts, Delhi
08.12.2025
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