Writ petition challenging impleadment order via alleged cancelled power of attorney. Court noted ground was not raised in reply and advised trial court to consider review application.
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wp-8141-12.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8141 of 2012
Aasma Mahiboob & Ors.
: Petitioners
versus
Solapur Municipal Corporation through Municipal Commissioner & Ors.
: Respondents
Mr. Samir Kumbhakoni for the Petitioners
CORAM:- R M SAVANT, J DATED :- 17th OCTOBER, 2012.
P.C.
1 The Writ Jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the order dated 3-7-2012 passed by the Learned 2nd Joint Civil Judge Junior Division, Solapur, by which order, the Application filed by the Respondent No.3 herein through his power of attorney came to be allowed and the Respondent No.3 was directed to be impleaded as a party Defendant in the Suit in question being Regular Civil Suit No.1492 of 2012.
2 The Petitioners question the maintainability of the Application for impleadment at the behest of the power of attorney as according to the Petitioners the said power of attorney has been cancelled by the Respondent No.3 on 24-2-1994. The said ground has not been raised by
the Petitioners in the reply filed to the Application for impleadment. If the MMJ 1/2
power of attorney given by the Respondent No.3 to one Allabaksha Shaikh has already been cancelled on 24-2-1994 and the Petitioners have the
material in support of the said fact, it would be open for the Petitioners to apply for review of the order dated 3-7-2012. If such an Application is made which is supported by the relevant material, the Trial Court would consider the same on its own merits and in accordance with law.
(R M SAVANT, J)
2/2
MMJ
2 issues framed by the court
Whether the High Court should interfere with the order allowing impleadment of a party via a power of attorney alleged to be cancelled.
Whether the cancellation of the power of attorney was raised in the reply to the impleadment application.
Aasma Mahiboob & Ors.
Solapur Municipal Corporation through Municipal Commissioner & Ors.
R M SAVANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
