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ASHAB SAFI @ DIDAR SAFI versus SYED MOHD. AYUB SAFI & ANOTHER

High Court of Judicature at Allahabad

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Ashab Safi @ Didar Safi v. Syed Mohd. Ayub Safi & Another - WRIT - C No. 56896 of 2005 [2005] RD-AH 7389 (13 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

RESERVED

Civil Misc. Writ Petition No. 56896 Of 2005.

Ashab Safi alias Didar Safi

Versus

Syed Mohd. Ayub Safi and another

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Hon'ble Anjani Kumar, J.

This writ petition, by the petitioner, challenges the order passed by the trial court dated 11.11.2003 which is passed on the application Paper No.26Ka and 45Ka. The trial court while accepting the aforesaid application paper no.26Ka has held that the applicant, Mohd. Ayub, is necessary party, therefore, be impleaded in the proceedings. Aggrieved thereby the petitioner preferred a revision before the revisional court. The revisional court maintained the order of the trial court of impleadment of Mohd. Ayub. The revisional court has held that since Mohd. Ayub is necessary party, he ought to have been impleaded and the controversy of impleadment of third party as necessary party be disposed of once for all.

I do not find any error in the order passed by the revisional court so as to warrant any interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India. This writ petition, therefore, has no merit and is accordingly dismissed.

Dt: 13.12.2005

mhu.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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