RAVINDER Vs. PREM DUREJA

JUDGEMENT

(1.) TERSELY , the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record are that, initially respondent No.1 -plaintiff - Prem Dureja son of Manohar Lal(for brevity "the plaintiff") has instituted the civil suit(Annexure P -3) against respondent Nos.2 & 3 -Haryana State Pollution Control Board & its authority(for short "the Pollution -Board") and respondent No.4 -State of Haryana -defendants(for brevity "the defendants") for a decree of declaration to the effect that the orders dated 30.01.2009 & 04.02.2009, issued by respondent -Pollution Board, are illegal, null & void and not binding on his rights, with a consequential relief of permanent injunction, restraining the defendants from implementing the pointed impugned orders. The defendants contested the claim of the plaintiff, filed the written statement(Annexure P -4), stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) DURING the pendency of the civil suit, petitioner -Ravinder son of Gulab Singh, claiming himself to be interested party, has moved an application(Annexure P -1) to implead him as a defendant under Order 1 Rule 10 read with Section 151 CPC. The prayer of the petitioner was refuted by the plaintiff, filed the reply(Annexure P -4) and prayed for dismissal of the application.

(3.) TAKING into consideration the nature of litigation, the trial Court dismissed the application of the petitioner under Order 1 Rule 10 CPC, by virtue of impugned order dated 30.01.2014(Annexure P -5).