The High Court at Jodhpur dismissed this writ petition. The petitioner sought quashing of an order rejecting a civil court application for impleadment under Order 1 Rule 10 CPC. The court held that since the underlying land acquisition suit was finally decided, the petition became infructuous.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 142 / 2018
Poona Ram Son of Shri Ramakishan, Aged About 42 Years, By Caste Meghwal, Resident of Village Phirod, Tehsil Moondwa, District Nagaur.
----Petitioner
Versus
Respondent No. 2 to 5 All by Caste Meghwal, Resident of Village Kherwad, Tehsil Jayal, District Nagaur.
For Petitioner(s) :Mr. LR Punia
For Respondent(s) : Ms. Apeksha Lodha for Mr. Vinay Kothari
Mr. NR Choudhary for Respondent No. 2 to 5.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/03/2018
following prayer :-
“1. That the impugned order dated 12.12.2017 may kindly be quashed and set aside.
2. That the application of the petitioner under Order 1
(2 of 2)
Rule 10 CPC may be allowed and he may be impleaded as party in the proceeding in Civil Misc. (Land Acquisition) Original Case No.177/2016 Land Acquisition Officer Vs. Baldev Ram & Ors. pending before Additional District Judge No.1 Nagaur (Raj.)
3. Any other appropriate order, which deemed fit in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”
(DR. PUSHPENDRA SINGH BHATI)J.
sudheer
1 issue framed by the court
Whether the petition requiring alternative remedy is maintainable when the original civil suit involving impleadment application has finally concluded.
Poona Ram Son of Shri Ramakishan
Land Acquisition Officer, RIICO Limited
Baldev Ram Son of Ramdev
Satyanarayan Son of Ramdev
Chaina Ram Son of Ramdev
Indra Ram Son of Ramdev
DR. PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
