2008 INSC 0895
                                    SUPREME COURT OF INDIA

                                                  G.Boraiah

                                                      Vs.

                                            Narayanappa & Anr.

                                           C.A.No.4068 of 2002

                                 (H.K.Sema and Markandey Katju,JJ.)

                                                 26.03.2008

                                                   ORDER

1. Heard the parties.

2. This appeal preferred by the defendant is directed against the judgment and order dated
11/1/2001 passed by the High Court in RSA No.319/1990.

3. This Court, by an order dated 31/8/1998, allowed the impleadment application impleading
Commissioner, Town Municipal Council, Chitradurga as respondent No.2. By another order
dated 15/10/1999, this Court set aside the order of the High Court and the appeal was
remanded to the High Court for fresh disposal in accordance with law. Despite this Court's
order impleading the Commissioner, Town Municipal Council, Chitradurga as respondent
No.2, the plaintiff failed to implead the Commissioner, Town Municipal Council,
Chitradurga as party respondent.

4. On this short ground, the impugned order of the High Court is set aside. The matter is
remanded to the High Court.

5. Commissioner, Town Municipal Council, Chitradurga is a necessary party. The plaintiff
shall implead the Commissioner, Town Municipal Council, Chitradurga as party respondent.
The High Court shall dispose of the appeal in accordance with law after hearing all the
parties.

6. Appeal is allowed in the above terms.

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