SANTOSHILAL BANDIL Vs. CHANDRA KUMAR

JUDGEMENT

(1.) I .A. No. 6666/02 has been made for impleading the Tribunal where the matter is pending as party to the proceedings. It is submitted by Shri Bhardwaj that in many other cases it has been held by this Court that the concerned Court or Tribunal whose order is impugned in a petition under Article 227 of the Constitution are not to be impleaded as party. In this regard he invites my attention to the order passed in W.P. No. 2499/02 and contends that it is not necessary to implead the Tribunal as party in the present proceedings. Accordingly objection of the office for impleading the Court is overruled.

(2.) SHRI V.K. Bhardwaj, is also heard on the question of admission. The only grievance of the petitioner is that as per the direction of the Tribunal Dr. Purohit was directed to appear for giving his statement on 28.9.2002. However, as the Doctor did not appear the right to examine the Doctor was closed because three opportunities were granted to the petitioner. An application was also moved for examining the Doctor on Commission, that was also not considered and case was listed for final arguments on 10.10.2002. On 10.10.2002, Doctor was kept present but an objection was raised and Doctor was not examined and the case is posted for final hearing.