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Judgment
Under challenge is the order dated 20.4.2017 whereby application for impleadment at instance of the petitioner-applicant (hereafter ‘the
applicant’) in a suit for declaration and permanent injunction filed by the respondent-plaintiff (hereafter ‘the plaintiff’) (now deceased) has
been dismissed by the trial court not only on the ground that the applicant was not able to make out any prima-facie case of interest, right or title to
the suit property but also more importantly for the reason that the said application for impleadment was filed about 4 ½ years subsequent to the suit
being fixed for final arguments.
Heard counsel for the applicant and for the respondent- non applicants (hereafter ‘the non applicants’).
I am of the considered view that an application for impleadment filed at the stage of final arguments in the suit was a gross misuse of the process of
the court and rightly dismissed vide order dated 20.4.2017. So is this petition impugning the said order. More so as the order dated 20.4.2017 clearly
records that if the applicant had any right of whatever nature in respect of the suit property, the applicant would be free to take his proceedings as
may be available to him in law.
Counsel for the applicant has not been able to satisfy this Court that the order impugned, in the facts of the case, suffers from any perversity, patent
illegality or error of jurisdiction. No ground to invoke the supervisory jurisdiction of this Court thereagainst obtains. Dismissed.
It is however made clear that any observation of the trial court against the applicant shall not prejudice him in the event of his taking his proceedings
qua the “suit property†for which the trial court has set him at liberty.