Dismissed

Baby Appa More v. Dinesh Gangaram Devargavkar

Bombay HC25 Oct 2007WP/5818/2007

Case brief

AI extract

What is this about?

In writ petition No. 5818 of 2007, the court dismissed the petitioner's challenge to the lower court's rejection of an application to implead the State Government. The court held that producing documents regarding State allotment does not require impleadment.

What did the court decide?

Writ petition dismissed as there was no merit in the contention to implead the State Government.

Baby Appa More Vs Dinesh Gangaram Devargavkar — Civil Procedure and Limitation | Bombay HC (2007)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICITON

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 WRIT PETITION NO.5818 OF 2007

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 Smt.Baby Appa More .. Petitioner

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 Versus

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 Dinesh Gangaram Devargavkar .. Respondent.

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 Mr.R.N. Gite for the Petitioner.

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CORAM : J.P. DEVADHAR, J.
DATED : 25TH OCTOBER, 2007.
P.C. :

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 1. This petition is filed against the Judgment
 and order dated 11th August, 2007 passed by the
 learned Civil Judge Junior Division, Nasik in
 Regular Civil Suit No.462 of 2006. By the said
 order, the learned Judge has rejected the
 application filed by the petitioner/defendant
 seeking to implead the State Government as a party
 to the Suit. The findings given by the lower Court
 for rejecting the application is that there is no
 relief of any nature whatsoever has been claimed by
 the plaintiff against the State Government. It is
 contended by the petitioner that the land in
 question has been allotted by the State Government
 to the Plaintiff and, therefore, it is necessary to
 implead the State as a party-defendant.

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 2. There is no merit in this contention,

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 because if the land in question is allotted by the
 State Government to the Plaintiff then it is open to
 the petitioner to produce document in that behalf.
 For that, it is not necessary to implead the State
 as a party-defendant. In this view of the matter, I
 do not find any infirmity in the order passed by the
 C.J.J.D., Nasik. Accordingly, there is no merit in
 the petition and the same is dismissed.

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 (J.P. DEVADHAR, J.)

Baby Appa More v. Dinesh Gangaram Devargavkar

Case brief

What is this about?

What did the court decide?

Baby Appa More v. Dinesh Gangaram Devargavkar

Case brief

What is this about?

What did the court decide?

What the court decided

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