WPSS/3294/2017
2021 Latest Caselaw 2333 UK

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                                     IA No. 15637 of 2021
                                     IA No. 15638 of 2021
                                     In
                                     WPSS No. 3294 of 2017
                                     Hon'ble Sharad Kumar Sharma, J.

(Through Video Conferencing)

Ms. Priyanka Arora, Advocate on behalf of Mr. Vivek Pathak, Advocate for the petitioner.

Mr. Narain Dutt, Brief Holder for the State of Uttarakhand.

This Writ Petition is arising out of the judgment as rendered by the Public Services Tribunal on 30th June, 2017.

Today the matter is listed on an Amendment Application No. 15637 of 2021, as well as on Misc. Application No.15638 of 2021, for taking the rejoinder affidavit on record.

As far as Misc. Application No. 15638 of 2021, is concerned, for taking the rejoinder affidavit on record, the same is allowed.

The rejoinder affidavit is taken on record. So far as the Application No. 15637 of 2021, filed under the head of Amendment Application, looking to the nature of pleadings and relief sought for, in fact, it will not be an application under Order 6 Rule 17 of the CPC, but it should have been an application under Order 1 Rule 10 of the CPC, because new respondents are being sought to be impleaded as party respondents to the Writ Petition.

In that view of the matter, the learned counsel for the petitioner seeks to withdraw Application No.15637 of 2021, with the liberty to file an appropriate Impleadment Application.

Accordingly, the application for amendment is dismissed as withdrawn subject to the aforesaid liberty.

(Sharad Kumar Sharma, J.) Dated 09.07.2021 Shiv