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Allahabad High Court

RAM SUMER YADAVversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition fails and is disposed of, meaning the impleadment application is not allowed.

Summary

The petitioner filed a supplementary affidavit seeking to have an impleadment application allowed in an appeal under Section 67(5) of the Uttar Pradesh Revenue Code, 2006. He contended that the complainant was neither a necessary nor a proper party and therefore should not be impleaded as a respondent. The Court examined whether the complainant’s presence was required under the provisions of the Revenue Code. Finding no merit in the petitioner's claim, the Court held that the petition failed. Consequently, the petition was disposed of without granting the relief sought.

Issues considered

  • Whether the complainant is a necessary and proper party to be impleaded in an appeal under Section 67(5) of the U.P. Revenue Code, 2006

Legislation cited

Subjects

  • impleadment
  • necessary party
  • proper party
  • U.P. Revenue Code
  • Section 67(5)
  • appeal
  • High Court
  • petition dismissed

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 40147 of 2025

                                    Ram Sumer Yadav
                                                                                               .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Ramesh Kumar Yadav
                                    Counsel for Respondent(s)                   :   Azad Rai, C.S.C.

                                    Court No. - 36
                                                     HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Supplementary affidavit filed on behalf of the petitioner is taken on
                                    record.

                                    2. This petition has been filed for the relief that an impleadment
                                    application filed by the petitioner in an appeal under Section 67(5) of the
                                    U.P. Revenue Code, 2006 be allowed. Complainant is neither necessary
                                    nor proper party to the proceedings and, therefore, there is no requirement
                                    of being impleaded as respondent in the appeal.

                                    3. This petition fails and is accordingly disposed of.



                                                                                     (Manish Kumar Nigam,J.)
                                    April 2, 2026
                                    Rama Kant




Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad


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