Jagan Nath vs Ramesh Kumar and Others

Alok Singh, J.—Plaintiff-Petitioner has approached this Court by invoking supervisory jurisdiction under Article 227 of the Constitution of India, assailing the order dated 11.08.2008 passed by learned Additional Civil Judge (Senior Division), Ferozepur, whereby application moved by the Nagar Council seeking impleadment as Defendant was allowed and order dated 10.06.2010 passed by the same Court refusing to recall impleadment order.

Plaintiff has filed suit for permanent prohibitory injunction against Defendant Nos. 1 and 2. In the suit, Respondent No. 3 - Nagar Council moved an impleadment application stating that property in dispute is owned and managed by Nagar Council, hence, Nagar Council is the proper and necessary party in a suit. Learned Trial Court allowed the impleadment.

Learned Counsel for the Petitioner vehemently argued that Plaintiff has never given his consent for the impleadment and impleadment application was wrongly allowed by wrongly recording consent of the Plaintiff.

In the opinion of this Court, even if consent is not given by the Plaintiff the moment Nagar Council (public body) comes before the Court that property belongs to the Nagar Council, then Nagar Council seems to be necessary and property party and should be impleaded.

Not only this, Hon''ble Apex Court in the matter of Jai Singh and Others Vs. Municipal Corporation of Delhi and Another, has held that supervisory jurisdiction of High Court under Article 227 of the Constitution of India should not be invoked to correct every error or mistake in the orders passed by the Trial Court. Hence, I am not inclined to invoke my jurisdiction.

6.Dismissed.