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1962 Supreme(P&H) 69

D.FALSHAW, I.D.DUA
Hakam Devi – Appellant
Versus
Phuman Singh Buta Singh – Respondent


Judgment

Dua, J.

1. This reference to Division Bench has been necessitated because a learned Singh Judge of this Court (D. K. Mahajan J.) has entertained some doubts about the correctness at the view expressed by Shamsher Bahadur J. in Phalgu Dutt V/s. Smt. Pushpa Wanti, 62 Pun LR 302: (AIR 1960 Punj 432) that authorities whose orders are challenged in a petition under Article 227 of the Constitution must be impleaded as parties to the petition and the defect of their not having been impleaded cannot be lightly ignored. We are at this stage only concerned with the question whether it is necessary in a petition under Article 227 of the Constitution to implead the Tribunal whose order is impeached in this Court under the said Article.

2. In Phalgu Dutts case, 62 Pun LR 302: (AIR 1960 Punj 432) the learned Single Judge observed that the remedy provided under Article 227 is of an extraordinary nature and there is no difference in principle or analogy in the case of a writ under Article 227 which partakes of the essential characteristics of a writ of certiorari which is the subject matter of Article 226. It is desirable at this stage to reproduce Articles 226 and 227 of the Constitution.






























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