A High Court bench dismissed a writ petition challenging the rejection of an impleadment application in a civil appeal. The High Court held the petitioner had no legal interest in the underlying property dispute since the respondent was the dominus litis, finding no error in the lower appellate court's order.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 749 of 2022
Petitioner :- Balwant Das Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jaishankar Prasad Tyagi,Lallan Chaubey,Sonu Nirmal
Counsel for Respondent :- C.S.C.,Dewesh Kumar Tiwari,Ishwar Kumar Upadhyay
Hon'ble Salil Kumar Rai,J.
Shri Ishwar Kumar Upadhyaya, Advocate has filed his Vakalatnama on behalf of respondent no.3. The same is taken on record.
The present petition has been filed challenging the order dated 13.12.2021 passed by the Additional District Judge, Court No.III, Ballia dismissing the impleadment application of the petitioner in Civil Appeal No.17 of 2021.
I have perused the records.
The relevant facts of the case are that the father of respondent no.6 instituted Original Suit No.1600097 of 1990 praying for cancellation of gift deed and sale deed allegedly executed by one Samrathi, defendant no.1 in the said suit. The suit was decreed by the trial court vide its judgment dated 24.3.2021. The decree dated 24.3.2021 passed by the trial court has been challenged by respondent no. 2 through Civil Appeal No. 17 of 2021. The said Civil Appeal is pending in the court of Additional District Judge, Court No.III, District Ballia. During the pendency of the appeal, the petitioner filed an application for impeadment as an appellant in the case pleading that he is the son of the donor/vendor. The appellant in Civil Appeal No.17 of 2021 as well as the respondent no.6, who was substituted as plaintiff in the Original Suit after the death of his father Sumant, opposed the impledment application filed by the petitioner. The appellate court vide order dated 13.12.2021 has rejected the impledment application filed by the petitioner on the ground that the petitioner has no legal interest in the proceedings.
The suit was filed by the predecessor of respondent no.6 praying for cancellation of gift deed and sale deed executed by defendant no.1. The deeds were executed in favour of other defendants and therefore, the petitioner has no legal interest in retention of documents and further, the respondent no. 2 being the dominus litis had
opposed the impleadment of the petitioner as appellant in the appeal.
In view of the aforesaid, no error has been committed by the appellate court in dismissing the impleadment application of the petitioner.
The petition lacks merit and is dismissed.
Order Date :- 9.3.2022 IB
Digitally signed by ITU BANERJEE Date: 2022.03.09 17:45:14 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner, claiming to be the son of the donor, has a legal interest to challenge the dismissal of his impleadment application in an appeal contesting a suit for cancellation of gift and
Balwant Das
State Of U.P.
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
