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Judgment
The Registry report is that the Petitioner was not a party to the proceedings on C.W.J.C. No. 7840 of 2003 and that this Letters Patent Appeal is not maintainable.
As from the record of the writ petition, clearly the Petitioner is not a party Respondent (nor a Petitioner). It is not for this Court to suggest that the Appellant should have been made a party. After the order of 8 August, 2003 had been passed the Appellant Applicant desired that this order be modified which the learned Judge declined and rightly.
If the submission of the Appellant Applicant is that the order of 8 August, 2003 was obtained by fraud or collusion then the answer lies in moving the Court u/s 44 of the Evidence Act, 1872. The Applicant never applied for being made a party. If the Applicant had made an application and satisfied the learned Judge that he was wrongly kept out of the Court proceedings, then dependent upon the facts and circumstances as presented when the order which aggrieved the Applicant Appellant was obtained by fraud and collusion, the petition itself perhaps may have been dismissed. But the Appellant Applicant never prayed for this. This appeal is misconceived.
Dismissed.