REBA DUTTA Vs. JUDGE SMALL CAUSE COURTS ALLAHABAD

JUDGEMENT

(1.) MR. Ashish Ghosh filed an application under Order I, Rule 10 (2) of the Code of Civil Procedure for his impleadment as a defendant in the suit filed by the appellant. His application was rejected by ex parte order by the trial Court on 15. 12. 1993. MR. Ashish Ghosh thereafter filed an application for recalling the above order dated 15. 12. 1993. This application was put up for order on 20. 12. 1995, on which date it was allowed and the aforesaid order dated 15-12-1993, rejecting the application for impleadment, was recalled. The appellant thereafter filed an application for recall of the said order dated 20. 2. 1995, which has been rejected by the trial court on 26. 4. 1995. Seine aggrieved by the said orders the appellant filed a writ petition, which has been dismissed by the learned Single Judge on 19. 7. 1995. Hence this appeal.

(2.) THIS appeal has to be dismissed on two grounds, viz. (i) Mr. Ashish Ghosh being necessary party was neither impieaded in the writ petition nor in this appeal; and (ii) the Special Appeal is not maintainable.

(3.) THIS appeal, as such, is not maintainable and is accordingly dismissed. Appeal dismissed. .