CUTTACK, India, May 11 -- Orissa High Court issued the following order on April 9:

1. This matter is taken up through hybrid mode.

2. Petitioners in this writ petition pray for a direction to set aside the order dated 09.08.2016 (Annexure-4 series) passed by learned Presiding Officer, Wakf Tribunal, Orissa, Cuttack in W.T(O)/O.A. No.09 of 2016, by which the legal heirs of deceased Defendant Nos.1, 7, 8 & 9 were impleaded as parties to the said O.A.

3. Mr. Sambit Kumar Patri, learned Counsel being authorised by Mr. Tripathy, learned Counsel for the Petitioners submits that the impugned order is per se illegal. The Plaintiff-Opposite Party No.1 filed W.T(O)/O.A. No.09 of 2016 impleading Defendant Nos.1, 7, 8 & 9 as parties. But the summons issued to them returned unserved indicating that they are dead. In fact, the Defendant Nos.1, 7, 8 & 9 died prior to filing of the O.A. Thus, the O.A. itself was not maintainable as it was filed against dead persons.

3.1. The Plaintiff-Opposite Party No.1, in order to regularise the O.A., filed an application under Order-22, Rule4 of C.P.C. to substitute the legal representatives of deceased Defendant Nos.1, 7, 8 & 9. Learned Presiding Officer, Wakf Tribunal, most illegally exercised his power under Order-1, Rule-10 of C.P.C. and impleaded the legal heirs of deceased Defendant Nos.1, 7, 8 & 9 as parties to the said O.A. It is his submission that by impleading them as parties, the present Petitioners, who are Defendant Nos.2, 3 & 4 before the Wakf Tribunal are highly prejudiced, as they have to face litigation, which was not maintainable from its inception. He, therefore, prays for setting aside the impugned order and to dismiss the O.A.

4. Mr. Niamati, learned Counsel appearing for the Orissa Board of Wakf, Cuttack (Opposite Party No.4) vehemently objects to the same. It is his submission that the Court has ample power under Order-1, Rule-10(2) of C.P.C., either to implead or to strike off any party for just adjudication of the case. For effective and complete adjudication of the lis the Wakf Tribunal rightly exercised power under Order-1, Rule10(2) of C.P.C. by impleading the legal representatives of deceased Defendant Nos.1, 7, 8 & 9 to the O.A.

4.1. It is his submission that learned Tribunal while disposing of the application has categorically observed that by addition of parties, the nature and character of the suit would not change. Their presence in the suit would avoid further litigation in respect of the suit land. Learned Wakf Tribunal further observed that addition of the legal heirs of the deceased Defendant Nos. 1, 7, 8 and 9 as parties to the suit would enable the Court to effectually and completely adjudicate the dispute between the parties. He, therefore, submits that there is no illegality in the impugned order dated 09.08.2016 and prays for dismissal of the writ petition.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=7yg5D%2FmJmLJFbv9l4Wl3vcAeGRBwwfZZfKgA%2BKZPvccfeeBAFAAqO6N6WkenPywe&caseno=WP(C)/16521/2016&cCode=1&cino=ODHC010204912016&state_code=11&appFlag=)

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