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Impleadment Application format for High Court

Format of Impleadment Application for High Court Under Order 1 Rule 10 of Civil Procedure Code Read with Section 151 of CPC.

 

IN THE HIGH COURT OF _____________________

CIVIL ORIGINAL JURISDICTION

(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
CM NO. ___ OF 20__
IN
WRIT PETITION (CIVIL) NO. ____ OF 20__

IN THE MATTER OF:
________________________________ & ORS ...PETITIONERS

VERSUS
________________________________ & ORS ...RESPONDENTS
AND IN THE MATTER OF:
1. ________________
S/O ______________                                            ...APPLICANT

APPLICATION SEEKING IMPLEADMENT OF THE APPLICANTS UNDER ORDER 1 RULE 10 OF CIVIL PROCEDURE CODE (CPC) R/W SECTION 151 OF CPC

To,
THE HON´┐ŻBLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HIGH COURT OF DELHI AT NEW DELHI.

The Humble Application of the Applicants above-named

MOST RESPECTFULLY SHOWETH:
1. That the captioned Writ Petition has been filed by the Petitioners aggrieved by the order dated _____________ passed by the Central Administrative Tribunal in ______ No. ______ of _____ filed by the respondents herein, where under they were directed to consider the candidature of the respondents for selection and appointment to the post of Teacher in ___ Schools by giving them age relaxation in accordance with the Judgment dated _____ of this Hon'ble Court in the case of __________ Vs. ____ (W.P.(C) No. ________ of 20__). That this Hon'ble Court issued notice in the captioned matter on _____ and stayed the impugned judgment dated _____ and directed that:

"3. Issue notice to the respondents directly as also through counsel appearing for them before the Tribunal, on the Petitioners filing the process fee within one week, by ordinary process and speed post, returnable before the Registrar on ________.

4. List in Court on _______.

5. In the meantime, operation of the impugned judgment dated __________, shall remain stayed."

A copy of the order dated ________ by this Hon'ble Court in Writ Petition (C) _____ of 20__ is annexed and marked as Annexure P-1 (Pages _____).
 

2. That applicant was a Party in the impugned order in OA No. __ of 20__ with Central Administrative Tribunal and his name is showing as Applicant No. 6 in the impugned order. But the Petitioners have omitted the name of applicant from the array of parties and filed the Writ Petition with only 5 Respondents instead of 6. The petitioners have filed the instant petition without impleading the applicant as necessary party, due to which the right of the applicant to present his case is affected. A copy of the impugned Order dated ____________ in O.A. No. ___ of 20__ __________ V. ________ & Ors is annexed and marked as Annexure P-2 (Pages _____)

3. That due to the mistake of the Petitioners the applicant could not become party in the captioned Writ Petition and the instant application seeking impleadment is being filed to protect the interest of the applicant who is otherwise similarly situated as compared to the Respondents in the captioned writ petition.

4. That the instant application seeking impleadment is being filed to protect the interest of the applicants who are otherwise similarly situated as compared to the Respondents in the captioned writ petition.

5. That the said applications are bonafide and in the interest of justice.

PRAYERS
In view of the above it is most respectfully prayed that his Hon'ble Court may graciously be please to:-

i) To allow the application seeking impleadment on behalf of the Applicant in the Writ Petition (Civil) No. __________ of 20__; and/or;

ii) Pass any other or further order/s as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
 

APPLICANT

THROUGH

__________Advocate

Place:_________

Date:__________

 


 

IN THE HIGH COURT OF _____________________

CIVIL ORIGINAL JURISDICTION

(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
CM NO. ___ OF 20__
IN
WRIT PETITION (CIVIL) NO. ____ OF 20__

IN THE MATTER OF:
________________________________ & ORS ...PETITIONERS

VERSUS
________________________________ & ORS ...RESPONDENTS
AND IN THE MATTER OF:
1. ________________
S/O ______________                                            ...APPLICANT

AFFIDAVIT

I, ___________________ S/O ___________________ R/O _________________ do hereby solemnly affirm and declare as under:

1. That I am the Applicant of the instant Petition and being conversant with the facts and circumstances of the case, am competent to swear this Affidavit.

2. That the accompanying Application has been drafted under my instructions, the contents of which are true and correct on the basis of records maintained by me. No part of it is false and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION:
I, the above named Deponent, do hereby verify that the contents of the above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

Verified at New Delhi on this ____ day of _____, 20__

DEPONENT

 

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