Ujjwal Rai (Chamling) vs Pawan Kumar Pradhan
2025 Latest Caselaw 35 Sikkim

Sikkim High Court

Ujjwal Rai (Chamling) vs Pawan Kumar Pradhan on 19 March, 2025

Bench: Chief Justice, Bhaskar Raj Pradhan

                                                                                COURT NO.1
                                  HIGH COURT OF SIKKIM : GANGTOK
                                         Record of Proceedings




                                        Com. A. No. 03/2025

           UJJWAL RAI (CHAMLING)                                     APPELLANT (S)
                                                VERSUS
           PAWAN KUMAR PRADHAN                                       RESPONDENT (S)
           For Appellant          :     Mr. Sunil Baraily, Mr. Leada T. Bhutia and Mr. Amit
                                        Rai, Advocates.

           For Respondent         :     None.

            Date: 19/03/2025

           CORAM:
               HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
               HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
                                         ...

           ORDER :

(per the Hon'ble, the Chief Justice)

This Commercial Appeal arises in respect of a judgment and order dated

18th December, 2024, passed by the learned Commercial Court at Gangtok.

Perusing the cause-title of the plaint, we notice that Pawan Kumar Pradhan (the

sole defendant herein) was the plaintiff, whereas, Ujjwal Rai (Chamling) (being

the appellant herein) was the defendant no. 1 and one Thupden Tashi Lepcha

being the defendant no. 2.

In the present appeal, Ujjwal Rai (Chamling), the appellant, has not

included Thupden Tashi Lepcha in the array of parties.

As such, on the ground of mis-joinder / non-joinder of parties alone, this

appeal is liable to be dismissed. However, purely in the interest of justice, we

grant liberty to the appellant to withdraw the appeal and file afresh after

introducing the required amendments.

The appeal is accordingly dismissed.

                 (Bhaskar Raj Pradhan)                     (Biswanath Somadder)
                        Judge                                   Chief Justice
jk /avi/bp/ami