TRACTOR AND FARM EQUIPMENT LIMITED CHENNAI Vs. SECRETARY TO THE GOVT OF ASSAM DEPT OF AGRICULTURE GAUHATI

JUDGEMENT

(1.) when a lis is brought or a proceeding is instituted in a Court of law, desirable it is that the Court, unless the law indicates otherwise, decides the maintainability of such a lis/proceeding. Howsoever, appealing may be the case of the party bringing the matter before the Court, the Court shall, keeping its mind completely disabused from the impression that it might have formed on the merit of the case, decide the question of maintainability. If the Court finds that the proceeding is not maintainable, the proceeding must terminate without carrying out any exercise to determine the merit or otherwise of the respective cases of the parties concerned and/or the question as to what reliefs the parties are entitled to. This rule is, however, subject to certain exceptions, one of such exceptions being that if the proceeding cannot progress on account of omission to implead the necessary party, the Court shall give an opportunity to the person, who approaches the Court, to implead the necessary party and if, even after being afforded with such an opportunity, the person, who approached the Court, does not implead the party concerned, the proceeding must end in dismissal. Such is the scenario, which this writ appeal depicts.

(2.) What is the law regarding immunity from judicial process in India? Is the immunity, in India, given to foreign sovereign, diplomats, etc. including international organizations, associations or bodies involving foreign sovereign unrestricted and unqualified? Is it, in any way, different from what the law, in this regard, in England is, though we have largely followed the Anglo-Saxon principles of law? Is it essential for being impleaded in a proceeding under Article 226 of the Constitution of India that the person sought to be impleaded as a party is a person or authority or State within the meaning of Article 226? Can a writ application be maintained, wherein it seeks, in effect, relief against a person, who is not a State, authority or person within the meaning of Article 226 or against a person, who is immune to the judicial process in India? Does Article 12 impose any limitation upon, or circumscribes the scope of, even the powers of the High Court under Article 226? Is the International Development Association, which is an organ of the World Bank, amenable to writ jurisdiction under Article 226? These are the vital issues, which the present appeal has raised.

(3.) Challenge, in this writ appeal, is to the findings of the learned single Judge reached in the judgment and order, dated 27-10-2003, passed in WP (C) No. 5620/ 2003 (reported in 2003 (3) Gauhati LT 555), that the World Bank is a necessary party and since the writ petitioner has insisted on not making the World Bank a party to the writ petition, the writ petition cannot proceed and must fail.