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Judgment
The matter has been listed from the defect side in view of
the fact that name of the appellant does not tally with the
description of the parties in the cause title.
Learned counsel for the applicant/appellant submits that
though he is seeking vacation of the order dated 25 th February,
2015, but application of the appellant/applicant, seeking
impleadment to the suit proceedings that was instituted on 3 rd
May, 2016, is yet to be adjudicated upon.
Learned counsel would submit that application of the
applicant has not been dealt with and adjudicated upon as yet for
time was allowed to the plaintiff to file his response, posting the
matter to 9th July, 2016, and thereafter, to 24th August, 2016.
According to the learned counsel, the application seeking
impleadment of the applicant is not being adjudicated upon by the
trial Court whereas the order dated 25 th February, 2015, is
operating adverse to his interest.
Heard and considered.
The instant appeal proceedings instituted by the applicant
while he has not been impleaded as a party to the suit
proceedings; cannot be sustained.
Needless to observe that the applicant would make his
efforts to have an adjudication by the Court below on the
application seeking impleadment as party to the suit proceedings.
The Court below is expected to adjudicate upon the application for
impleadement as expeditiously as possible, however, in no case
later than two months from the date a certified copy of this order,
is presented.
It is made clear that this Court is not adjudicated upon the
legality or validity of order dated 25th February, 2015.
It will be open for the applicant to avail of legal remedy, in
accordance with law, consequent upon adjudication of his
application pending impleadment, if so advised.
With the observations and direction as indicated above, the
civil misc. appeal as well as the stay application stand closed.