BHOLA NATH GUPTA Vs. ADDITIONAL CIVIL JUDGE ALLAHABAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India.

(2.) THE petitioners Bhola Nath Gupta and M/s. Gupta Auto Service (Allahabad) Private Limited, Allahabad, filed a suit No. 163 of 1968 in the court of the Civil Judge, Allahabad, against Nagar Mahapalika, Allahabad, and Sri Mahmood Butt, I. A. S., for specific performance of the contract. During the pendency of the suit, an application was made by the plaintiff petitioners that the Nagar Mahapalika, Allahabad, has been superseded by the State of Uttar Pradesh and as such, all the properties of the Nagar Mahapalika have vested in the State of Uttar Pradesh and, accordingly, the State of Uttar Pradesh may be impleaded as one of the defendants in the suit. This application was contested by the Nagar Mahapalika on the ground that the Nagar Mahapalika had not been superseded, Sri Mahmood Butt was the Administrator and the properties of the Nagar Mahapalika have not vested in the State of Uttar Pradesh and, as such, it is not necessary for the State of Uttar Pradesh to be made a party to the suit. It was further alleged that the suit had been filed in 1968 and the application has been made for impleading the State of Uttar Pradesh after ten years on 7th December, 1978. THE application, therefore, was clearly belated and mala fide with a purpose of delaying the decision of the suit, as the plaintiff petitioners had obtained an injunction order restraining the Nagar Mahapalika from demolishing the constructions.

(3.) I have heard Sri Ashok Mohiley, learned counsel appearing on behalf of the Nagar Mahapalika. Sri Mohiley has urged that the Nagar Mahapalika, Allahabad, has not been superseded, but it has only been dissolved and the management has been taken over by the Administrator appointed by the State Government and as such, the application moved by the petitioners is wholly misconceived.