A writ petition challenging the rejection of a motion to frame an issue regarding non-joinder of a necessary party was dismissed. The court held that the respondent could prove lack of liability at the final stage, making the proposed issue unnecessary.
No costs.
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1 wp 1295.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 1295 OF 2013
Shrikrishna @ Pintu Venkatrao Thormote.. Petitioner
Versus
Bhagatsingh Amarsingh Thakur and another .. Respondents
Shri A. N. Irpatgire, Advocate for the Petitioner.
CORAM : S. V. GANGAPURWALA, J. DATE : 14TH FEBRUARY, 2013.
PER COURT :
. An application filed by the petitioner for framing the issue of non joinder of necessary party is rejected.
2 wp 1295.13
liable to be dismissed on the ground of non joinder of necessary parties. All these aspects have not been considered by the Court.
[ S. V. GANGAPURWALA, J. ]
bsb/Feb. 13
2 issues framed by the court
Whether the non joinder of a necessary party requires framing of an issue when the respondent can prove lack of liability at trial.
Whether the High Court failed to exercise jurisdiction to frame an issue regarding non joinder of necessary parties.
Shrikrishna @ Pintu Venkatrao Thormote
Bhagatsingh Amarsingh Thakur and another
S. V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
