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Radha Krishan Kanya Mahavidyalaya v. State Of U.P. And Others - WRIT - C No. 93 of 2006  RD-AH 6337 (22 March 2006)
HON'BLE UMESHWAR PANDEY, J.
Heard the learned counsel for the petitioner.
The petitioner has been impleaded as respondent-defendant at the appellate stage, whereafter he moved the court to afford him opportunity for filing written statement and to lead evidence in the case. That prayer by the impugned order has been dismissed by the appellate court.
The learned counsel contends that the property regarding which some right has been claimed by the plaintiff-respondent No.2 is a joint property of the petitioner also. She was not originally impleaded as defendant in the suit and after the suit was decreed, the petitioner came to know about the same and rushed to the court for impleadment. Since the petitioner has been made a party defendant in the suit and respondent in the appeal, he has a vested right in him for placing his case through a written statement and then lead evidence in support thereof, which has been denied by the court below.
Issue notice to the respondents No. 1 to 13 returnable within six weeks.
Meanwhile, proceedings in Civil Appeal No. 90 of 1999, pending before the court below shall remain suspended.
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