High Court Disposes of Writ Petition as Infructuous Due to Non-Party Status. Relief Denied as Main Respondent was Deleted from Proceedings, Rendering the Petition Infructuous.

  • 1
Judgement Image
Font size:
Print

Case Note & Summary

The case involved a writ petition filed under CWP No. 990 of 1993. The petitioner was represented by Mr. Surender Verma, while the respondents included the Director of Consolidation and Sarwan Singh, the only contesting respondent. The court noted that several proforma respondents were deleted from the case, and no steps were taken to bring the legal heirs of the contesting respondent on record. Consequently, the court determined that since the main respondent was no longer a party to the proceedings, no relief could be granted. The writ petition was thus declared infructuous and disposed of accordingly. The judgment was delivered by Justices Deepak Gupta and V.K. Ahuja on January 2, 2008.

Headnote

A) Writ Jurisdiction - Infructuous Petitions - Relief Against Non-Parties - Not applicable under the Code of Civil Procedure, 1908 - The court held that no relief can be granted against any person who is not a party to the proceedings, leading to the disposal of the writ petition as infructuous. (Paras Not mentioned)

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether relief can be granted against a non-party in a writ petition.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The writ petition was disposed of as infructuous due to the deletion of the main respondent from the proceedings, with the court stating that no relief could be granted against a non-party.

Law Points

  • Writ jurisdiction
  • Infructuous petitions
  • Party status
Subscribe to unlock Law Points Subscribe Now

Case Details

CWP No. 990 of 1993

2008-01-02

Deepak Gupta, V.K. Ahuja

Surender Verma, R.M. Bisht, H.K. Bhardwaj

Sarwan Singh

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Writ petition under CWP No. 990 of 1993

Issues

Whether relief can be granted against a non-party in a writ petition

Submissions/Arguments

Petitioner sought relief against the respondents Respondents included proforma parties and a contesting respondent

Ratio Decidendi

No relief can be granted against a non-party in writ proceedings, leading to the dismissal of the petition as infructuous.

Judgment Excerpts

No relief can be granted against any person who is not a party. The writ petition has become infructuous and is disposed of accordingly.

Procedural History

The writ petition was filed as CWP No. 990 of 1993. The only contesting respondent was Sarwan Singh, whose name was ordered to be deleted on 5.11.2007.

Acts & Sections

  • Code of Civil Procedure, 1908:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Dismisses Appeal of Deva Prasad Sharma and Partially Allows Appeal of Edmund S. Lyngdoh in Corruption Case — Conviction Upheld.
Related Judgement
Supreme Court Supreme Court Upholds Tribunal's Decision in Service Tax Dispute — No Service Tax on Interchange Fee. The court found that the interchange fee was part of the merchant discount already subjected to service tax, thus not liable for additional taxati...