HARI PAL Vs. RAKESH KUMAR

JUDGEMENT

(1.) By way of this petition, petitioner has challenged order passed by the Court of learned Senior Civil Judge, Palampur, District Kangra, H.P. dated 15.05.2018, vide which an application filed by the present petitioner under Order 1, Rule 10 of the Code of Civil Procedure, for impleading him as also Town and Country Planner, Divisional Town Planning Office, Dharamshala and Department of Town Planning, Himachal Pradesh, as defendants in the suit, has been dismissed.

(2.) Brief facts necessary, for the adjudication of the present petition are that a suit has been filed by respondent No.1 herein, which is pending adjudication before the Court of learned Senior Civil Judge, Palampur, District Kangra, H.P. A copy of the plaint is appended with the petition as Annexure P-7. The suit filed is for decree of permanent prohibitory injunction, for restraining defendants No.1 to 3 from disconnecting the electricity consumption meter with Account No.GLG-532 (C/s) installed in the house-cum-shop premises of the plaintiff situated partly on the land entered in khata No.465, khatoni No.917, khasra No.1630, measuring 00-06-35 Hect and partly on the land entered in khata No.470, khatoni No.923, khasra Nos.1764 and 1766, measuring 00-06-94 Hect., situated in Mohal and Mouja Ghuggar, Tehsil Palampur, District Kangra, H.P., as per jamabandi for the year 2007-08.

(3.) A perusal of the plaint demonstrates that the petitioner herein was impleaded as defendant No.4 in the Civil Suit. Thereafter, when the matter was listed before the learned trial Court, on 07.10.2017, plaintiff withdrew the suit against defendant No.4. Suit against the present petitioner was withdrawn after written statement to the plaint stood filed by the petitioner. On the date when the said suit was withdrawn against the petitioner by the plaintiff, the petitioner herein was duly represented by his counsel before the learned trial Court. The order so passed by the learned trial Court, vide which it permitted the suit to be withdrawn by the plaintiff against the present petitioner, does not demonstrates that request of the plaintiff to withdraw the suit against the present petitioner was objected to by the present petitioner through his counsel before the learned trial Court.