GULEI @ GOLAP SAMAL Vs. SHAIKH SAFFIQUEUDDIN

JUDGEMENT

(1.) A petition filed under Order 1, Rule 10 C.P.C by the plaintiff in T.S. No.31/1997 pending in the Court of 1st Addl. Civil Judge (Sr. Division), Cuttack to implead the Commissioner of Endowment as a party) has been rejected by order dtd.24.3.2004. A subsequent petition with the very same prayer has again been rejected by the Court below by order dtd.13.8.2004. Being aggrieved the plaintiff has filed these writ applications.

(2.) ADMITTEDLY , the properties involved in the suit originally belonged to the Institution of Sri Sri Laxminarayan Jew Bije, Ramgarh, Mansing Patna commonly known as Mastara Math. The lands stand recorded in the name of the Executive Officer of Mastara Math Trust Board. During pendency of the suit which is one for declaring that the sale deeds dtd.20.11.1964 and 10.3.1983 are illegal and void and for other ancillary relief, a petition was filed under Order 1, Rule 10 C.P.C. by the plaintiff to implead the Commissioner. The said petition was rejected by an order dtd.24.3.2004. Subsequently another petition was also filed under Order 1, Rule 10 C.P.C. seeking similar relief by the plaintiff which was rejected by order dtd.13.8.2004. Being aggrieved the petitioner has approached this Court.

(3.) WITH the aforesaid observations, these Writ Petitions are disposed of.