Impleadment Application in Supreme Court

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    • #698
      Anonymous
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      In a case before the high court, the respondent lost the case. There were 4 petitioners in that case. Now the respondent, who lost the case, has filed a Special Leave Petition in the Supreme Court against the high court decision, but he has named only 3 petitioners as parties in the SLP and left out one of the 4 petitioners even though he was a necessary party. Will an impleadment application be permitted by the Supreme Court in favour of the left-out party?

    • #699

      Usually this will not happen in the Supreme Court. At the time of filing of the SLP, the Registrar office will generally ensure that all parties before the high court are named as parties in the Supreme Court as per the memo of parties in the high court.

      In any case, you can file an impleadment application before the Supreme Court in the SLP, giving reasons as to why you are a necessary party and also that you were a party in the high court proceedings out of which the SLP arose. The Supreme Court is likely to allow your application to implead in such circumstances.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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