Case Note & Summary
The petitioner filed a Civil Miscellaneous Petition at the SR (scrutiny) stage seeking to implead himself as the 6th respondent in a writ appeal. However, the main writ appeal had already been disposed of on 05.03.2024. The Registry returned the papers to the counsel, but the counsel insisted on numbering the petition, leading to the matter being placed before the court under the caption 'For Maintainability'. During hearing, the counsel for the petitioner sought permission to withdraw the petition with liberty to file an appeal or such other remedy. The court granted permission and rejected the petition, keeping open the liberty sought. The court did not delve into the merits of the impleadment as the main appeal was already disposed of.
Headnote
A) Civil Procedure - Implead Petition - Maintainability - Petition to implead as respondent in a writ appeal filed after the main appeal had been disposed of - Held that such petition is not maintainable as the appeal no longer exists - Petitioner permitted to withdraw with liberty to file a fresh appeal or other remedy (Paras 1-3).
Issue of Consideration
Whether a petition to implead as a party in a writ appeal can be entertained after the main appeal has been disposed of.
Final Decision
The Civil Miscellaneous Petition in SR stage stands rejected, with permission granted to withdraw and liberty kept open to file an appeal or such other remedy.
Law Points
- Maintainability of implead petition after disposal of main appeal
- Withdrawal of petition with liberty
