Court : Patna
m.y. eqbal, j.1. petitioners of these two contempt petitions have moved this court for initiation of a contempt proceedings against the opposite parties for the alleged disobedience of the order dated 21-10-1992 passed by c.w.j.c. no. 5367 of 1992 and the order dated 21-10-1992 passed in c.w.j.c. no. 4920 of 1992.2. it appears that the petitioners had filed the writ applications seeking issuance of appropriate writ commanding upon the respondents-opposite parties to relax their services by way of absorption on the post of conductors or traffic clerk or any other equivalent post in the bihar state road transport corporation {for short 'the corporation') taking into account that they have been working as casual employees in the corporation for the last so many years. c.w.j.c. no. 5367 of 1992 was disposed of in terms of the order passed in a similar writ application bearing c.w.j.c. no. 4020 of 1992. in both the writ applications the contentions of the learned counsel appearing on behalf of the corporation was that pursuant to the direction of the supreme court scheme was prepared by the bihar state road transport corporation for regularisation of the services of the casual employees of the corporation, like the petitioners and it is accepted that no sooner the turn of the petitioners comes they shall be appointed after relaxing age etc. on the basis of the statement of the corporation the writ petitions were disposed of with a direction to the respondent-corporation that the .....
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..... the sole question which is involved in this appeal is as to whether the reference and the award given by the tribunal in favour of workman are bad on account of bararee coke company not being a party thereto.5. .....
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..... 1 to 6 and has been contended, inter alia, that the suit as framed is not maintainable, that the same is barred by limitation, that the same is bad for misjoinder for of cause of action etc. .....
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..... (iv) is the suit bad for non-joinder and mis-joinder of parties? .....
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..... another argument was advanced that the suit was bad for non-joinder and mis-joinder of the parties inasmuch as the defendants have unnecessarily made a party to all the three partners namely. .....
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..... the insistence to have the entire dispute settled cannot be conclusively said to be in bad faith. .....
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..... the plaintiffs have not shown their entire lands of the descendants of mohan kurmi as suit lands and as such the present suit for non-inclusion of khata no.91 is bad under the provisions of order 2, rule 2 of the code of civil procedure.according to this defendant, the suit for partition simpliciter is not maintainable until and unless the plaintiffs come up for their declaration of right, title ..... according to him, as per his written statement, the suit is not maintainable in its present form, the suit is bad for non-joinder of necessary parties. ..... 91 not being included in the suit and being bad under order 2, rule 2, c.p.c. ..... (5) is the suit bad for non joinder of parties? .....
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..... in paragraph 4 of the written statement the following facts have been pleaded:that the suit is bad for mis-joinder of parties. .....
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..... 1 is, therefore, bad in law.4. .....
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..... 39 has also supported the attestation, no doubt, but from paragraph 4 of his evidence it appears that he was a tutored witness and from paragraph 6 of his evidence, it appears that the mahanth was always found lying on his bad. .....
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