PURSHOTTAM LAL Vs. ANISH AHMAD AND ORS.

JUDGEMENT

(1.) HEARD Sri Lok Pal Singh, Advocate for the petitioner, Sri I.S. Mehra, Advocate for the respondent Nos. 1, 2 and 3 and Shri Tapan Singh Advocate for the respondent No. 4. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 11th January, 2005 passed by the Civil Judge (Senior Division), Haridwar by which the application for impleadment has been rejected.

(2.) BRIEFLY stated, a suit was filed being Original Suit No. 313 of 2002 Anis Ahmad and others v. Roshan Lal (Annexure No. 2 of the writ petition) in the Court of Civil Judge (Senior Division), Haridwar.

(3.) THE contention that the written statement has already been refused under Order VIII, Rule 1 of the Code of Civil Procedure is wholly illegal inasmuch as in the judgment of Kailash v. Nanhku and others, : AIR 2005 SCW 2346 : : 2005 (29) AIC 95(SC) where it has been held as under: -