RATAN LAL CHOWLA Vs. JOHN VASICA, GENERAL MANAGER OF JANDA RUBBER WORKS LTD. AND ANOTHER
HIGH COURT OF PUNJAB AND HARYANA
Ratan Lal Chowla
John Vasica, General Manager Of Janda Rubber Works Ltd. And Another
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Kapur, J. -
(1.) THESE are four petitions asking for leave to appeal to the Supreme Court of India under Arts. 132, 133 and 135 of the Indian Constitution read with S. 205, Government of India Act, against the judgment of this Bench dated 29th December 1949 in four petitions, civil originals NOS. 58 to 61 of 1949 : (A. I. R. 1950 E. P. 188).
(2.) THE civil miscellaneous petitions are headed as follows:
In the matter of the petition for leave to appeal to the Supreme Court of India, under Arts. 132, 133 and 135 of the Constitution of India read with S. 205, Government of India Act against the judgment
In the matter of :
Ratan Lal Chowla, Advocate,
(Voluntary Liquidator) of
"59, Lawrence Road, Amritsar - Appellant to the Supreme Court of India
John Vasica and Another.
Three preliminary objections to the competency of the petition were taken by the counsel for the respondents which are : (1) The matters in controversy have been compromised between the respondents and the Company; (2) the petitioner has no right to appeal on his own behalf; and (3) the Company was a necessary party and that not having been impleaded within the period of limitation allowed the leave to appeal is not properly constituted nor is the appeal.
(3.) WITH regard to the first objection the respondents have filed an affidavit supported by certain documents. This affidavit was filed on 1st June 1950 and Mr. Chowla rightly submits that he had no chance to put in a counter -affidavit to contradict the facts stated therein. We have, therefore, not heard counsel for the respondents on the first objection.;
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