BALDEV RAJ GUPTA Vs. JASWANT SINGH

JUDGEMENT

(1.) IN the above Letters Patent appeals, applications have been made on behalf of the State through Shri A. D. Singh, Advocate, for transposition of the State as an appellant. This order will dispose of all the applications.

(2.) IT is submitted that the appellants in the above mentioned appeals and the State have identical interests and as such it would be convenient for the State and would also be in the interest of justice to transpose the State, which already figures as a respondent in these appeals, as appellant. These applications have been seriously contested by respondent No. 1. His objections are that these applications are not maintainable, that the appellants and the State have absolutely no identical interests and, therefore, the State cannot be transposed as an appellant. A valuable right has accrued in favour of respondent No. 1 by lapse of time and, therefore, the State cannot be allowed to be transposed as an appellant in the said appeals. It is further averred that there can be complete adjudication of the case even the State figuring as respondent and there can be no question of multiplicity of proceedings. The State has not disputed the impugned order and has not filed any appeal against that. In view of of all this, it is prayed, that these applications be rejected.

(3.) WE have heard the learned counsel for the parties at length.