SARAN SINGH Vs. COMMISSIONER AMBALA DIVISION AMBALA

JUDGEMENT

(1.) (Oral)

(2.) ADMITTEDLY, application against the petitioner filed by the Gram Panchayat respondent No.4, for ejectment, is still pending. It is also an admitted position in law that respondent No.3 can file an independent application for ejectment of the petitioner from the land, in dispute. It is apparent from the records that respondent No.3 filed an application for impleading him as party, by stating that the Gram Panchayat has connived with the petitioner. By taking note of that fact, in his appeal, the Collector allowed his application. We feel that once it is open to respondent No.3 to file an independent application for ejectment, his impleadment in the pending litigation, is perfectly justified. Counsel for the petitioner has failed to show as to how his right has been prejudiced or that any harm has been caused to him. An attempt has been made to assail the order only on technicalities. While exercising jurisdiction under Articles 226/227 of the Constitution of India, we feel that this Court is supposed to look into cause of substantial justice between the parties and technicalities