NARENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this writ petition, the petitioners have, inter alia, prayed for the following relief:-

(2.) Learned Advocate General has taken a preliminary objection with regard to the maintainability of the writ petition. He submitted that previously, the present petitioners had approached this Court by way of CWP No.2501 of 2026 and despite the fact that the cause which is being agitated by the petitioners in the present writ petition, was there as on the date when the earlier writ petition was filed, same was neither pleaded therein nor any relief was sought with regard thereto in the said writ petition. Learned Advocate General thus submitted that the present petition is hit by the provision of Order II, Rule 2 of the Civil Procedure Code (hereinafter referred to as 'the CPC').

(3.) On the other hand, learned counsel for the petitioners submitted that though these issues were not raised in the main writ petition, but after the reply to the earlier writ was filed by the State, all these issues were raised in the rejoinder.