(1.) IT is an admitted position that the petitioner filed CM No.18387-89 of 2005, under Order 1 Rule 10 read-with Section 151 of the Code of Civil Procedure, 1908 for impleading him as respondent in FAO No.358 of 2005. The aforementioned application was dismissed and the petitioner was not permitted to become party-respondent in the pending appeal. However, the petitioner has again made an attempt to rake up thesame matter, although no permission was granted to him to file fresh application, by the Court, which dismissed his aforementioned application.
(2.) THE appeal is still pending. THErefore, we are of the view that the instant Civil Writ Petition No.5428 of 2005 -2- application is incompetent, as the petitioner has already made efforts to become party in FAO No.358 of 2005. Dismissed.