DADANSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed on behalf of the writ petitioner impugning the order dated 7th September, 1995 which is at Annexure-1 to this writ petition as also the order dated 18th September, 1995 which is at Annexure-9 to the supplementary affidavit filed by the writ petitioner. This Court is of the view that the grievance of the petitioner. No. 1 and the grievance of petitioner Nos. 2 and 3 cannot be joined together but the same has been sought to be done in this case. This case thus suffers from misjoinder of cause of action.

(2.) However, the order which the Court proposes to pass is only confined to petitioner No. 1. The case of petitioner Nos. 2 and 3 has not been pressed at the time of hearing and nothing said in the order will have any effect on the rights and interest, if any, of petitioner Nos. 2 and 3.

(3.) Various factual controversies have been raised in this writ petition and various affidavits and supplementary affidavit have been filed but detailed consideration of the facts of this case is not required for the order which this Court proposes to pass.