IN THE COURT OF THE VACATION CITY CIVIL AND SESSIONS JUDGE AT BANGALORE INTERLOCUTORY APPLICATION NO.

_____ of 2013 In ORIGINAL SUIT NO. OF 2013

BETWEEN: Sri Abraham T.J. and others AND: Bharatiya Janata Party and others Defendants Plaintiffs

APPLICATION UNDER ORDER VI RULE 17 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 1. The plaintiffs respectfully seek that the facts, averments, contentions, pleadings, argument and every other narration contained in the accompanying plaint may kindly be treated as forming an integral part of this interlocutory application. 2. The plaintiffs respectfully submit that an inconsequential modification is sought to be made in the cause title to the plaint and the same is as follows: 3. The address of the Defendant No.5, Sri Jagadish Shivappa Shettar is stated in the cause title to the plaint as under: Sri Jagadish Shivappa Shettar Chief Minister of Karnataka Sworn in as the 21st Chief Minister Bharatiya Janata Party, Karnataka Having its Head Office at Jagannatha Bhavana #48, Temple Street, 11th Cross Malleshwaram Bangalore 560 003 State of Karnataka

4.

As may be seen from the above, there is a reference to the fact that the aforesaid defendant is the Chief Minister of the Government of Karnataka. However, the aforesaid description is merely made for the purpose of identification and is not the description also of the cause of action against the aforesaid defendant. The plaintiffs did not ever intend to sue the aforesaid defendant in his capacity as the Chief Minister of Karnataka. He is being sued merely as an agent of the principal defendant, BJP Political Party and a person who executed and completed the fraudulent scheme and misrepresentation of the principal defendant, BJP Political Party. As such, the reference to the fact that he also is the Chief Minister of Karnataka is to prevent service of the notice to a wrong person as the plaintiffs apprehend that, with thousands of persons acting as members and agents of the principal defendant, BJP Political Party, there exists the possibility of service to a wrong person who shares the same name as the fifth defendant.

5.

The plaintiffs respectfully submit that a greater attention to the address as stated by these plaintiffs of the aforesaid 5 th Defendant would make it abundantly clear that the place and address for service of notice to the aforesaid defendant is that of the Bharatiya Janata Party at its chosen office in the city of Bangalore and not of the official, or personal residential address of the said defendant.

6.

For the same reasons as aforesaid, the defendants No.2 and 4 have also been identified with respect to their holding of the previous office of the Chief Minister though they are being sued in a different capacity altogether, as explained above.

7.

As such, this Interlocutory Application is preferred for the purpose of removing any doubt over whether the description of the 5th defendant in the cause title to the instant suit

invites the application of the rule stated in Section 80 of the Code of Civil Procedure, 1908. PRAYER Wherefore, in the facts and special circumstances of this case, this Honble Court may graciously be pleased to: a) Consider as deleted, the words Chief Minister of Karnataka Sworn in as the 21st Chief Minister in the cause title in respect of the 5 th defendant, Sri Jagadish Shivappa Shettar, to the instant plaint; b) Pass any other order or to issue any direction as may be deemed expedient by this Honble Court to be desirable in the circumstances of this case, in the interest of justice, equity and good conscience.

Bangalore Date: 03-May-2013 Advocate for Plaintiffs