SHARJA NICE BAKERY Vs. SUPERINTENDENT AND CHAIRMAN TENDER COMMITTEE KARNATAKA MEDICAL COLLEGE HOSPITAL HUBLI

JUDGEMENT

(1.) - Petitioner is the plaintiff and respondents 1 and 2 are defendants 1 and 2 respectively in O. S. 77/89 on the file of the I Addl. Munsiff, Hubli (for short 'the Munsiff' of 'the trial Court'), Petitioner had filed that suit against respondents 1 and 2 only for a declaration that Notification No. LPV (2) Tender 62 / 88-89 dated 2-1-1989 issued by the first defendant is illegal and for the consequential relief of mandatory injunction directing the first defendant to call for the tenders in respect of bread item. Sometime after the suit was filed, third respondent herein made an application in the trial Court under Order 1, Rule 10(2) CPC praying that he may be impleaded as third respondent to the suit as he was vitally interested in the subject matter of the suit inasmuch as he has been supplying diet articles and HNS articles to the Karnataka Medical College Hospital, Hubli and Mental Hospital, Dharwad for more than 25 to 30 years without any complaint regarding the quality and quantity of the materials supplied by him and he had also deposited earnest money of Rs. 45,000/- in the State Treasury and a further sum of Rs. 15,000/- on 7-2-89 in response to the above mentioned tender Notification issued by the first defendant.

(2.) The said prayer of the third respondent was opposed both by the petitioner as plaintiff and by respondents 1 and 2 as defendants 1 and 2. But, the trial Court has by order dated 17-10-89 allowed the application of the third respondent and has permitted him to be impleaded as third defendant in the suit.

(3.) It is that order that is challenged by the plaintiff in the suit by filing this Revision Petition under Section 115 C.P.C.