The suit was laid for specific performance wherein the father during his life time is alleged to have entered into companypromise and requested to delete his name from the arraignment of the parties as respondent No.1.
This petition is against an order dismissing the application under Order 1, Rule 10, CPC filed by the petitioners to companye on record in place of their father.
Pending suit before companypromise memo was recorded, the petitioners sought to companye on record under Order 1, Rule 10 being that they were necessary and proper parties.
The deletion of the first respondent came to be made after his demise.
