9911796707
TMI Blog1994 (9) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... ought not to hear and dispose of a writ petition under article 226 of the Constitution without the persons who would be vitally affected by its judgment being before it as respondents or at least some of them being before it as respondents in a representative capacity if their number is too large to join them as respondents individually. However, Mr. P. N. Lekhi, senior advocate, tells me that no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings in any court of civil jurisdiction. " However, by the Code of Civil Procedure (Amendment) Act, 1976, an Explanation has been inserted, which reads as under: " In this section, the expression 'proceedings' includes proceedings under Order IX, but does not include any proceeding under article 226 of the Constitution. " Undoubtedly, in view of the Explanation so added by the Amendme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is order with it. The relevant observations made therein need to be quoted now. They are (at page 180): " A High Court ought not to decide a writ petition under article 226 of the Constitution without the persons who would be vitally affected by its judgment being before it as respondents or at least by some of them being before it as respondents in a representative capacity if their number is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ultiplicity of judicial proceedings and since a High Court ought not to decide a writ petition under article 226 of the Constitution without the person who would be vitally affected by its judgment being before it as a respondent, such person may appear at the hearing or make a prior application, and ask for leave to join the proceedings and when it so happens the court shall, notwithstanding sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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