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2011 Supreme(Raj) 2175

MAHESH BHAGWATI
Manoj Kumar – Appellant
Versus
Additional District & Sessions Judge Kotputli, District Jaipur – Respondent


For the Petitioner:Alok Garg, Advocate.
For the Respondents:K.N. Gupta and Manu Bhargava, Advocates.

JUDGMENT

1. - Challenge in this writ petition is to the order dated 25th May, 2010, whereby the learned Additional District & Sessions Judge, Kotputli, District Jaipur allowed the application filed under Order 1, Rule 10 of CPC impleading respondent no. 6 Ashok Kumar Agrawal to be party defendant no. 5, in the array of defendants.

2. The facts, necessary for the decision of instant writ petition, in brief, are that the petitioner filed a suit seeking declaration and permanent injunction against the respondent no.2 to 5 in the court of Additional District & Sessions Judge, Kotputli, District Jaipur, alleging that the respondent no.2 Municipal Board decided to auction four commercial plots ad measuring 10x15 feets and public notice was issued in this regard way-back on 13th September, 1994. The petitioner participated in the said auction by depositing money and being the highest bidder, auction of plot no. 2 was knocked down in his favour for a sum of Rs. 1,24,000/-. The petitioner deposited amount i.e. 31,000/- immediately under due receipt and auction was approved by the respondent no.3 Chief Executive Officer, Municipal Board, Kotputli. Respondent no.2 Municipal Board recommended t














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