Impleadment Application Format for High Court under Order I Rule 10 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 APPLICANT UNDER ORDER I RULE 10 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTION 151 CPC

To,
THE HON'BLE CHIEF JUSTICE AND HIS/HER COMPANION JUDGES OF THE HIGH COURT OF _____________________.

The humble application of the Applicant above named:

MOST RESPECTFULLY SHOWETH:

1. That the captioned Writ Petition has been filed by the Petitioners, being aggrieved by the order dated _____________ passed by the Central Administrative Tribunal in O.A. No. ______ of _____, whereby directions were issued concerning the candidature of the respondents for selection and appointment to the post of Teacher in __________ Schools, including the question of age relaxation in terms of the judgment dated __________ passed by this Hon'ble Court in __________ v. __________, W.P.(C) No. ______ of 20__.

That this Hon'ble Court issued notice in the captioned matter on __________ and passed an interim order, including directions substantially to the following effect:

A copy of the order dated __________ passed by this Hon'ble Court in Writ Petition (Civil) No. _____ of 20__ is annexed and marked as Annexure P-1 (Pages _____).

2. That the Applicant was a party to the proceedings culminating in the impugned order in O.A. No. _____ of 20__ before the Central Administrative Tribunal and was arrayed therein as Applicant No. 6. However, while filing the present Writ Petition, the Petitioners omitted the Applicant from the array of parties and impleaded only five respondents. The Applicant is therefore directly interested in the subject matter of the present proceedings, and any order passed in his/her absence may affect his/her rights and interests.

A copy of the impugned order dated __________ passed in O.A. No. _____ of 20__, titled __________ v. __________ & Ors., is annexed and marked as Annexure P-2 (Pages _____).

3. That the Applicant could not be shown as a party in the captioned Writ Petition because of the aforesaid omission. The Applicant seeks impleadment so that his/her rights and interests may be adequately represented and so that all questions arising in the writ proceedings may be effectively and completely adjudicated.

4. That the Applicant is similarly situated to the respondents whose rights and claims arise from the same or connected proceedings and whose interests may be affected by the outcome of the present Writ Petition. The presence of the Applicant is therefore necessary and/or proper for a complete and effective adjudication of the matter.

5. That the present application is bona fide and is being filed in the interests of justice.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(i) allow the present application and implead the Applicant as a party respondent/applicant, as may be appropriate, in Writ Petition (Civil) No. __________ of 20__; and

(ii) pass such 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 in the accompanying application 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 thereof are true and correct to my knowledge and belief and on the basis of the records available to me. No material fact 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 and belief and that no part thereof is false and nothing material has been concealed therefrom.

Verified at __________________ on this ____ day of __________, 20__.

DEPONENT