SWAMI HANS PRAKASH JI Vs. SWAMI SRI PRAKASH

JUDGEMENT

(1.) HEARD learned counsel for the peti tioner.

(2.) BY means of this writ petition, the petitioner has challenged the order dated 10-07-2007, passed by District Judge, Haridwar on application 21 A in misc. case No. 22 of 2006, whereby said application for amendment of applica tion under Section 92 C. P. C. , was al lowed to induct the new applicants.

(3.) THIS Court, after considering the submission of the learned counsel for the petitioner, feels that the impugned order by which amendment application, moved on behalf of respondent No. 1 along with respondents No. 2;and 3, was allowed, for the impleadment of re spondents No. 2 and 3, as applicants, does not suffer from any illegality. In view of provisions of Section 141 read with Order I Rule 10 (2) and Section 151 C. P. C. , the other applicants (re spondents No. 2 and 3) having interest in the trust property can be permitted to be impleaded particularly in view of the fact that three of the original four ap plicants withdrew their names from the application, moved under Section 92 C. P. C. No doubt, had the court below dismissed the application under Section 92 C. P. C. on that very day when out of four original three applicants withdrew from the application, applicant No. 1 (present respondent No. 1) would have no other option but to move fresh ap plication along with other applicants, seeking relief to institute the suit. But in the present case, the court below did not prefer to dismiss the application on that very day and it remained lying for some three months when the amendment application in question was moved to in duct respondents No. 2 and 3 to pros ecute the application (under Section 92 C. P. C.) with applicant (respondent No. 1 ). in such circumstances, it cannot be said that the court below has commit ted any error of law in allowing the amendment application, as when the application under Section 92 was filed, the same was maintainable as it was moved on behalf of the four persons (i. e. more than two persons) and on the date when the leave is to be accepted or re fused again now there are more than two persons, prosecuting the application. Ultimately object of procedural law is to show path to do the justice and not to deny it.