TMI Blog2010 (8) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... S. Gupta, counsel for the Respondents. Application for impleadment is allowed. 2. This appeal has been preferred against the judgment and order of the High Court of Punjab and Haryana dated 22nd October, 2002 passed in Regular Second Appeal No. 4141 of 2002, which affirmed the judgment and Order of the First Appellate Court dated 30th September, 2002 passed in Civil Appeal No. 109 of 2001 rever ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cluding the issue of maintainability of the suit for non-joinder of the necessary parties. After considering the case in totality, the Trial Court recorded the finding on the said issue that suit was not maintainable for want of necessary parties and the suit was dismissed. The First Appellate Court reversed the finding on the said issue merely observing that the Respondents/Plaintiffs had not cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77 SC 1701; The State of Kerala v. The General Manager, Southern Railway, Madras AIR 1976 SC 2538; Chief Conservator of Forests, Government of A.P. v. Collector and Ors. AIR 2003 SC 1805 : 2003 AIR SCW 1251 and The District Collector, Srikakulam and Ors. v. Bagathi Krishna Rao and Anr. JT 2010 (6) SC 227 : AIR 2010 SC 2617 : 2010 AIR SCW 3727. 5. In view of the above, we are of the concerned op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aryana, dated 22.10.2002 passed in RSA No. 4141/2002 and First Appellate Court dated 30.09.2002 passed in C.A. No. 109/2001 are set aside and the judgment and Decree of the Trial Court dated 23.11.2001 passed in C.S. No. 423 RT of 1998/2000 is restored. No order as to costs. Before parting with the case, it is clarified that if the suit between the parties is pending regarding the right of pre-emp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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