PRATYUSHA RAJESWARI SINGH Vs. ARUNA KUMAR SAHOO

JUDGEMENT

(1.) This Interlocutory Application has been filed by the respondent No.2 (Hemant Kumar Prusty) in Election Petition No.9 of 2024 under Order 1, Rule 10 of the CPC, 1908 praying for passing of an order to direct the petitioner in I.A. No.113 of 2024 (respondent No.1 in Election Petition No.9 of 2024) to implead him (Hemant Kumar Prusty-respondent No.2 in Election Petition No.9 of 2024) as Opp. Party No.2 in I.A. No.113 of 2024 filed by him (respondent No.1) stating that, if the I.A. No.113 of 2024 filed by the respondent No.1 in Election Petition No.9 of 2024 is allowed, then, the Election Petition No.9 of 2024 shall be rejected/dismissed and by the result of which, he (respondent No.2 in Election Petition No.9 of 2024 and petitioner in this I.A.) shall be highly prejudiced. For which, he (petitioner in this I.A.) is a necessary party in the I.A. No.113 of 2024 filed by the respondent No.1 in Election Petition No.9 of 2024.

(2.) During the course of hearing of this I.A., the learned Senior Counsel for the petitioner in this I.A. (respondent No.2 in Election Petition No.9 of 2024) also argued in support of the aforesaid prayers of the petitioner. The learned Senior Counsel for the petitioner in I.A. No.113 of 2024 (respondent No.1 in Election Petition No.9 of 2024) did not object to the aforesaid contentions of the learned Senior Counsel for the respondent No.2.

(3.) During the course of hearing, the learned Senior Counsel for the respondent No.1 in Election Petition No.9 of 2024 relied upon the following decisions for the impleadment of respondent No.2 as Opp. Party No.2 in this I.A: