High Court dismissed the writ petition challenging an order issuing notice to proposed defendants under Order I Rule 10(2) CPC. Court held full hearing occurred before summary and no merit decision was made.
Writ petition rejected; all merit contentions kept open
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Ash
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2970 OF 2010
Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders.
Shri S.G.Deshmukh i/by Shri Abhijeet Kandarkar for the Petitioner.
CORAM : A.S.OKA, J. DATE : 16TH APRIL, 2010
P.C.:
. By this Writ Petition under Article 227 of the
Constitution of India, the PetitionerDefendant has challenged the order dated 16th January, 2010. The RespondentPlaintiff made an application under Rule 10(2) of the Order I of the Code of Civil Procedure, 1908 for impleading 35 persons as party Defendants. By the impugned order, a notice of the said application has been ordered to be issued to the proposed defendants. The grievance of the learned counsel appearing for the Petitioner is that before issuing the notice, the Petitioner ought to have been heard so that he could have pointed out that there is no merit in the application.
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2 issues framed by the court
Whether the High Court could interfere in writ jurisdiction under Article 227 when there was no final decision on merits of an application for impleading parties.
Whether non-hearing of the defendant regarding an application to implead other parties justified writ intervention.
2 provisions across 2 enactments
Ash
Unspecified Plaintiff
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court