Imp lead petition

Querist : Anonymous (Querist) 15 January 2012 This query is : Resolved
While in Quest of my back wages for an unjustified suspension period I filed a WP and omitted the author of the impugned original order (The DA )to be included as an OP/Resplendent.The court had given me time to challenge and imp lead the DA And challenge the original order.I have prepared an affidavit with 2 prayers 1.for amending the earlier prayer and 2. Imp leading the Author the DA.Now Should I include the DA as 3rd respondent in the Cause title of the affidavit of the petitioner and the two petitions of prayers ie.1.Amendment and imp leading prayers OR affidavit and amendment alone and as Proposed party in the imp lead petition OR only with two respondents now and the 3rd respondent in a clean copy after the gran/acceptance of the imp leading petition or what is the exact procedure?.Please advise.

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Raj Kumar Makkad (Expert) 15 January 2012
You shall have to move a separate application under the provisions of Order 1 Rule 10 read with section 151 of CPC for the inclusion of third respondent and merely writing in the affidavit is not sufficient as 3rd respondent is not a party to the petition.

Rajeev Kumar (Expert) 15 January 2012
Agree with Makkad sir

Querist : Anonymous (Querist) 15 January 2012
Thank you dear.Rajkumar Sir,if I file a WMP (under the same original WP) under order 6 Rule17 R/W 151 Cpc
for imp leading the 3rd respondent with separate petition for prayer will it suffice.Please help me the date is 18.01.2010.
Much oblidged.

M/s. Y-not legal services (Expert) 15 January 2012
i feel single implead petition enough to your case.. just make it clear in your prayer column..

thats sufficient..

-tom-

Advocate. Arunagiri (Expert) 15 January 2012
IN WRIT petitions, the CPC will not have any impact.

You have to follow the appellate side rules of the High Court. You can file an affidavit and petition for impleading the party.

Querist : Anonymous (Querist) 15 January 2012
I agree with Mr.Arunagri.Deep knowledge and practical advice.

Devajyoti Barman (Expert) 15 January 2012
I have no reason to disagree with the above views above..

Deepak Nair (Expert) 16 January 2012
Rightly advised by the experts above.

M/s. Y-not legal services (Expert) 16 January 2012
no am disagree with with arunagiri sir..

"IN WRIT petitions, the CPC will not have any impact. "

for main writ petition cpc can not be as provision of law.. but m.p s can filed under cpc provisions..

arunagiri sir, whats the provision for dispense petition? or stay petitions in w.p?

impliedly cpc provisions applicable in such situations sir..

am i wrong?

-tom-

Advocate. Arunagiri (Expert) 16 January 2012
There is no provision of law for many interim reliefs, while hearing the WRIT. The high court is having inherent power under 226 to pass any interim relief.

At any cost CPC is not applicable.

Writ petitions can be filed for criminal cases also. for example HCP, direction to CBI etc.

M/s. Y-not legal services (Expert) 16 January 2012
ok sir.. next time i will attach any one file about madurai bench's matters which is filed under cpc provisions..

-tom-

prabhakar singh (Expert) 16 January 2012
The powers conferred under 226 to High court are very dynamic and for grant of relief the Court can invoke any provision to its use.

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