S. K. Dhaon, J. - (1.) This petition, at the instance of the Aligarh Muslim University, Aligarh (hereinafter referred to as the University) and its Vice-Chancellor, who are defendants in a Suit which is pending before the Court of Munsif Koil, Aligarh, is directed against the order dated 18th March, 1987, passed by the 1st Additional District Judge, Aligarh dismissing their revision application and upholding the order of the trial court directing the impleadment of Dr. Prem Kumar Srivastava, respondent No. 4 (hereinafter referred to as Dr. Srivastava) as one of the plaintiffs in the suit.
(2.) In the suit four defendants were arrayed. The first two are the two petitioners before this Court. The defendant No. 3 was the dean. Faculty of Social Science, Aligarh Muslim University and the defendant No. 4 Dr. Hashim Qidwai, was a member of the Executive Council of the University. The defendants No. 3 and 4 in the suit are arrayed as respondents No. 5 and 6 to this Petition. Apparently, they have been impleaded as proforma respondents to the Writ Petition.
(3.) The court on 18th May, 1987 directed the petitioners to serve respondent No. 3 Smt. Nikhat Feroz the original plaintiff in the suit (hereinafter referred to as the Plaintiff) and Dr. Srivastava, outside Court and file an affidavit of service. Notices were directed to be issued to respondents 3 and 4 by registered post acknowledgement due as well. It was also indicated that the notices shall indicate that the petition will be listed for admission along with the application for interim relief on 9th July, 1987. An affidavit of service has been filed in the office, by one Sri Ahmad Khan as Assistant in the Accounts Section of the University. The learned counsel has produced a copy of the affidavit before this Court. A perusal of the same indicates that Smt. Nikhat Feroz received the notice on 26th May, 1987 and Dr. Srivastava received the notice on 2nd June, 1987. Presumably, the notice sent under Registered Post acknowledgement to the aforesaid respondent have been duly served. The said respondent have not put in appearance before this Court. Under the circumstances, the said respondents shall be deemed to be duly served with notices. I am therefore, proceeding to dispose of this petition finally on the footing that the averments made in the writ petition are correct.;