LAWS(UTN)-2011-12-19

SHIV KUMAR Vs. SHAREEF AHMED

Decided On December 28, 2011
SHIV KUMAR Appellant
V/S
Shareef Ahmed Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) BY means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned order dated 4-10-2006 passed by respondent no. 2-Prescribed Authority Kotdwar (Pauri Garhwal) in P.A.Case No. 1 of 2005, Shareef Ahmed Vs. Arun Kumar (Annexure-4 to the petition), whereby the application (paper no. 35-C) moved by the petitioners under Order 1, Rule 10(2) C.P.C. for impleadment was rejected.

(3.) BY the impugned order, the impleadment application has been rejected by the Prescribed Authority following the ratio of the Apex Court judgment in the case of Harish Tandon Vs. Additional District Magistrate, Allahabad, U.P. and others [AIR 1995, Supreme Court, Page 676] =1995(1) ARC, 220 (Supreme 2 Court) and the case of H.C. Pandey Vs. G.C.Paul [1989(2) ARC 26 (SC).