Writ petition under Article 226 seeking to set aside an order dismissing an application for impleadment in a pending appeal. The High Court found no material irregularity in the lower court's valid reasoning and dismissed the writ petition.
Writ petition dismissed with direction that pending appeal remain adjourned to 22.03.2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
210
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-1518-2021 (O&M) Date of decision: 01.10.2021
Narender and others
…Petitioners
Versus
Ram Rai …Respondent
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: Mr. KulvirNarwal, Advocate, for the petitioners .
Mr. Amardeep Hooda, Advocate, for the respondent.
ARUN MONGA, J. (ORAL)
Petition herein ,under Article 227 of Constitution of India is for setting aside the order dated 18.08.2021 (Annexure P-4) passed by the learned District Judge, Rohtak, whereby an application filed by the petitioner seeking impleadment in pending appeal, has been dismissed.
“ Now Appellants want to change their stand and want to plead that not only Smt. Ramrati but Seema; Ahsash and Amandeep (widow; daughter and son of RAvinder, the son of Sajjan Singh) had also entered into the agreement and in fact, Smt. Seema had signed the agreement dated 25.04.2007 not as a witness but as an executant, not only for herself but also on behalf of her children. I am of the considered view that the impugned application is wholly misconceived. Though the present application is purported to have been filed under Order 1 Rule 10 CPC, yet the Appellants want to change their whole case. They want to allege and plead that the agreement dated 25.04.2007 was executed not only by Smt. Ramrati but also by Smt. Seema, not only for herself but also as the guardian of her
SHALINI BHATIA 2021.10.02 14:01 I attest to the accuracy and integrity of this document
minor children. Seema is the wife of Ravinder, who was the son of Sajjan Singh. The application is wholly misconceived and the same is hereby dismissed.
Now, the case is adjourned to 22.03.2021 for arguments on merits.”
recorded by the learned appellate Court.
01.10.2021 (ARUN MONGA) vandana JUDGE
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
SHALINI BHATIA 2021.10.02 14:01 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the High Court can exercise extraordinary revisional jurisdiction to interfere with the dismissal of an application for impleadment which was wholy misconceived.
Narender and others
Ram Rai
ARUN MONGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
