K S E B Vs. KJ JOSEPH

JUDGEMENT

(1.) Ext. P1 demand notice served by the K.S.E.B. on the petitioner is challenged in this original petition. Petitioner Sri. K.J. Joseph filed the original petition in his capacity as the Managing Partner of Grand Hotel. He died on 26-5-1993 and the petitioner in CMP.No. 14288/94 contends that the partnership firm of which K.J. Joseph was the managing partner was reconstituted and the petitioner in the CMP is the present managing partner. So he prays that he is to be impleaded as the additional petitioner in the original petition.

(2.) The 4th respondent the Assistant Executive Engineer of the K.S.E.B. has filed C.M.P.No. 141119/94 praying for the dismissal of the original petition as abated on the ground that the original petitioner has died and the cause of action does not survive.

(3.) I heard the petitioner's counsel and the standing counsel for the K.S.E.B. The short question is whether the petitioner in CMP 14288/94 is to be impleaded as additional petitioner be allowed to pursue the original petition. The counsel for the respondent contended that the provisions contained in the C.P.C. are not applicable to proceedings under Art.226 of the Constitution, and therefore, the petitioner in the CMP No. 14288/94 is not entitled to come on record by virtue of the provisions contained in O.22 of C.P.C. Several decisions were cited by counsel on either side and the matter was elaborately argued.