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Yogesh Kumar vs. Sanjay Kumar & Ors.

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Code of Civil Procedure, 1908–Order 1, Rule 8(5) r/w. Sec. 151–Application for substitution of petitioner as plaintiff–Dismissed–Justification–Original plaintiff is real brother of petitioner and he is not taking part in the suit proceeding–He did not appear before the Court–No harm would be caused if the petitioner is impleaded–Held, application deserves to be allowed.