SHYAM SUNDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed against an order of the learned S.D.M., Parbatsar. By the order impugned, learned Magistrate rejected the application of the petitioner for impleadment of party in the proceedings. The basis of the order of the learned Magistrate rejecting the application of the petitioner for impleadment as party in the proceedings is on an assertion on the part of the one of the respondents namely Babulal, deceased who had claimed that the petitioner had sold the mine in question to deceased Babulal.

(2.) Learned counsel for the petitioner has urged that there is nothing on record to show that the mine in question was ever sold to Babulal deceased. No document has been produced on record to establish a sale. The respondents in the reply made a bald statement that it is on the basis of that statement alone, the trial court non-suited the petitioner.

(3.) Learned counsel for the respondents submitted that after rejection of the application of the petitioner, another application filed by the Mining Department has also been rejected by the learned Magistrate. Therefore, now there is no question of the application of the petitioner being entertained.