Misc. Petition in Writ to include a party

Querist : Anonymous (Querist) 25 June 2010 This query is : Resolved
Ld counsels,

In a writ case challenging the order of the infomration commission the public authority has not included the information commission as a respondent rather included only me (RTI applicant) as a party.

Now I want to include the IC as a part inthe proceedings. Under what provision of law I can make that petition. I was told that I need to file a Misc Petition (MP) in the same writ proceedings. Is there anything called impleading.

Please clarify.

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Daksh (Expert) 26 June 2010
Dear Anonymous,

Kindly see the High Court Rules in this regard. Yes it is correct that you have to move C. M. Misc in the same writ petition otherwise you may quote the provisions of Order 1 Rule 10 of CPC in this regard.

Best Regards

Daksh

Devajyoti Barman (Expert) 26 June 2010
CPC has no strict application in writ proceedings though you can file additional petition for addition of party for ends of justice.

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