DASHRATH SINGH Vs. RAJKUMAR GANGELE

JUDGEMENT

(1.) HEARD .

(2.) ON behalf of the petitioner, this writ petition is filed under Article 226 of the Constitution of India but in the available circumstances, the same appears to be under Article 227 of the Constitution of India for quashment of the impugned order dated 25.06.2013 (in the body line of the petition the same is wrongly stated as of 23.06.2015), whereby the application of the present petitioner filed under Order I Rule 10 C.P.C to permit him to join the impugned pending first appeal as respondent has been dismissed by the appellate authority -the M.P. State Co -operative Tribunal, Bhopal and thereafter the appeal was directed to be listed for by -parte hearing on some other date.

(3.) PETITIONER 's counsel after taking us through the petition as well as the impugned order along with other papers placed on record, argued that the basic proceedings of the subject matter of the impugned appeal was started in compliance of the direction of the order dated 29.01.2014 passed in WP.8591/2013 (PIL) filed at the instance of the present petitioner and therefore, on every such stage of such enquiry and proceedings against the respondent No.1 including the impugned appeal, the petitioner being necessary party, the appellate Tribunal was bound to allow his application and permit him to join such appeal as respondent but the same has been dismissed under the wrong premises.