AI Structured Summary
Not yet generated for this judgment
Judgment
Satyen Vaidya, J
By way of instant petition, petitioner has assailed order dated 3.2.2020, passed by Civil Judge-III, Una District Una, H.P., whereby the application bearing CMA No. 199 of 2020, moved by the petitioner in Civil Suit No. 498 of 2018 was rejected.
Petitioner has placed on record a copy of plant in Civil Suit No. 498 of 2018 pending before Civil Judge-III, Una, District Una, H.P. Its contents reveal that respondent No.1 herein has filed a suit for permanent prohibitory injunction against respondents No. 2 to 4 herein on the premise that the said respondents were allegedly interfering in the land belonging to respondent No.1/ plaintiff by placement of electricity polls and wires etc.
Petitioner claims himself to be the resident of the same area. His grievance is that the electricity line has already been affixed by respondents No. 2 to 4 herein and he is also getting supply from said line.
Keeping in view the nature of dispute, petitioner herein cannot be said to be either necessary or proper party to the suit. The dispute is inter-se respondent No.1/plaintiff and rest of the respondents herein/defendants. In the suit pending before the learned trial Court, the rights of the present petitioner are not at all involved. In case of any individual grievance of the petitioner herein against the electricity board, he always has independent right to proceed against said entity in accordance with law.
In such view of the matter, there is no merit in the petition and the same is accordingly dismissed. Pending applications, if any, also stand disposed of.