This single-judge court dismissed a writ petition challenging the rejection of an application to recall an order allowing the transfer of a suit. The petitioner, who was impleaded via chamber summons, lacked locus standi as he was neither a plaintiff nor a defendant. No case for interference was made out.
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3065.12.wp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3065 OF 2012
M. V. Holamagi ..Petitioner
Vs.
Mr. Bhaskar M. Puthran and Ors ..Respondents
Mr. M. V. Holamagi Petitionerinperson. None for the Respondents.
CORAM : R. M. SAVANT , J. DATE : OCTOBER 19, 2012.
P. C.:
1 The order impugned is one dated 01.03.2012 passed by the City Civil Court, Greater Bombay, by which order, the Miscellaneous Application No. 22 of 2012 came to be rejected. By the said Miscellaneous Application, the Applicant i.e. the Petitioner herein had prayed for recalling and cancelling the order dated 10.02.2012 passed in Transfer Application No.13 of 2012. The said Transfer Application was filed on the ground that the preliminary issue was heard on two consecutive days by the learned Judge Shri Daulatabadkar on 22nd and 23rd December,2011 and the same was reserved for orders on
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3065.12.wp
04.01.2012. However, in view of the change of the assignment, that the learned Judge could not pass the final order. In view of the fact that the learned Judge had substantially heard the matter and the arguments were completed that the Transfer Application came to be allowed.
2 The applicant has filed the Chamber Summons for being impleaded in the Suit in question. The said Chamber Summons it seems was pending when the said Transfer Application was allowed. The Trial Court was of the view that since the Applicant is neither a Plaintiff nor a Defendant, he has no locus to file the said application for recall of the order dated 10.02.2012 passed on the Transfer Application. In my view, the reasons mentioned by the Trial Court cannot be taken exception to. No case for interference is made out. The Writ Petition is accordingly dismissed.
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1 issue framed by the court
Whether a third party impleaded via chamber summons has locus to seek recall of an order passed in a transfer application where he is neither plaintiff nor defendant.
M. V. Holamagi
Mr. Bhaskar M. Puthran and Ors
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
