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2021 Supreme(HP) 141

TARLOK SINGH CHAUHAN
Municipal Corporation, Shimla – Appellant
Versus
Mathu Ram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Naresh K. Gupta, Advocate.
For the Respondents:Mr. Ashok Sharma, Advocate General, with Mr. Vinod Thakur, Addl. A.G. and Mr. Bhupinder Thakur, Dy. A.G.

JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. The petitioner sought deletion of its name from array of defendants, but the same was rejected vide impugned order dated 25.10.2019, constraining it to file the instant revision petition.

2. Respondent No.1 Mathu Ram filed a suit for injunction against the petitioner and other defendants being Divisional Manager Forest, Forest Working Division, Shimla and Divisional Forest Officer, Shimla Forest Division (Urban), Khalini, Shimla, before the trial Court.

3. After being served, the petitioner filed an application under Order 1 Rule 10 CPC for deletion of its name from the array of the defendants on the ground that the present matter pertains to Forest Department and the entire record in this regard stands transferred to it in view of the fact that the State Government has withdrawn the control of forest from the purview of Municipal Corporation, Shimla.

4. The learned trial Court dismissed the application by according the following reasons as contained in paras 6 and 7, which read as under:

    “6. Heard. Perusal of the record shows that the applicant has been impleaded as defendant No.1 in the present case. The perusal of prayer clause of the plaint show

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