Vineet Kothari, J. - (1.) Heard learned counsels.
(2.) This petition is directed against the order dated 24/10/2007, whereby, the learned trial court rejected the application of plaintiff for substituting the then Commissioner of Municipal Council, Ramesh Chand Sharma, who allegedly issued 'patta' contrary to the injunction granted by the learned trial court in a proceedings under Order 39 Rule 2-A CPC, since the respondent contemner Mool Ram Lohia stated before the court that at the relevant point of time Commissioner of the Municipal Council was Mr. Ramesh Chand Sharma, therefore, plaintiff filed an application for impleading him. However, the learned trial court rejected the said application.
(3.) Having heard the learned counsels, this Court is of the opinion that learned trial court has erred in rejecting the application of the plaintiff. The person responsible for issuing 'patta' wsa required to make the stand of Municipal Council clear in his personal capacity since it was a proceeding initiated in contempt proceedings against him for the alleged violation of the injunction order.;