NARESH KUMAR Vs. STATE OF HARYANA & ORS.

JUDGEMENT

(1.) This petition is directed against the order of the trial Court whereby the application under Order 1 Rule 10, Code of Civil Procedure, (Hereinafter called the Code), filed by one Ram Karan was allowed.

(2.) The plaintiff filed the suit for declaration against the State of Haryana and the Executive Engineer, Public Health, Sonepat and others. In the suit, Ram Karan made an application to be impleaded as a party alleging that in case the plaintiff succeeds in the suit he would be put to an irreparable loss and injury. The said application was contested on behalf of the plaintiff inter alia on the ground that the designation and cadre of the plaintiff, and that of the said Ram Karan is not the same. The plaintiff has nothing to do with the seniority and promotion of the said Ram Karan. According to the plaintiff application had been made at the instance of the S.D.O. Public Health and should be dismissed. However, the trial Court found that since the plaintiff was junior to the applicant and by virtue of the suit if he was granted the relief as prayed the rights of Ram Karan may be prejudiced; hence it allowed the application.

(3.) At the time of the motion hearing on December 22, 1989, it was submitted on behalf of the petitioner that he was not claiming any seniority over Ram Karan and no relief even remotely has been repeated against him in the suit. Similar statement has been repeated today at the bar that no relief even remotely has been claimed in the suit and there was no question of claiming any seniority by the plaintiff over Ram Karan. Under the circumstances, I find that there was no occasion for the trial Court to allow the application under Order 1 Rule 10 of the Code, for impleading him as a party to the suit.