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AJAY MOHAN GOEL
Jagjit Singh – Appellant
Versus
Gurdev Singh – Respondent


Advocates:
Counsel for the Parties:
Ajay Sharma, Advocate, Devender K Sharma, Advocate, Sunny Moudgil, Advocate, Desh Raj Thakur, Advocate, Kamal Kant, Advocate, Rajat Chauhan, Advocate

JUDGMENT

Ajay Mohan Goel, J.—On the request of Mr. Ajay Sharma, learned counsel for the petitioner, State of Himachal Pradesh through Collector, Una is ordered to be impleaded as party respondent No.2. Registry is directed to carry out necessary corrections in the memo of parties.

2. Notice. Mr. Desh Raj Thakur, learned Additional Advocate General accepts notice on behalf of the newly added respondent No.2.

3. By way of this petition, the petitioner has assailed order, dated 03.10.2017, passed by the Court of learned Civil Judge (II), Amb, vide which, an application filed by the present petitioner before the learned Court below under Order 1 Rule 10 of the Code of Civil Procedure for impleadment of the State of Himachal Pradesh through Collector Una, as party respondent, stands dismissed.

4. A perusal of the order dated 03.10.2017 demonstrates that learned Trial Court, inter alia, dismissed the application so filed by the present petitioner on the ground that because as per the provisions of Section 80 of the Code of Civil Procedure, two months prior notice is necessary to be issued to the State before the institution of a suit, therefore, in view of the said mandatory statutory provis


















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