Extracted from the PDF above. The PDF is authoritative.
Damodari Devi Vs. Himachal Pradesh Ex-Serviceman Corporation Hamirpur and others.
CMP No.17492 of 2025 in CWP No.4982 of 2012. Item No. (D-13)
04.08.2025 Present: Mr. Surinder Kumar Saklani, Advocate, for the applicant/petitioner.
Mr. Mukul Sood and Ms. Vaishali Lakhanpal, Advocates, for respondent No.1-Corporation. Mr. Sidharth Jalta, Deputy Advocate General, for the respondents-State. The application has been filed under Section 151 of the Code of Civil Procedure (CPC) for modification of the order dated 22.08.2012, passed by the Division Bench of this Court in CWP No.4982 of 2012-I titled Smt. Damodari Devi Vs. Himachal Pradesh Ex- Servicemen Corporation, Hamirpur and others.
2. Apparently, the applicant/petitioner-Rishi Markande Ex-Serviceman, Transport and Welfare Society was not a party to the said litigation. The cause of action as such is now independent on account of an order having been passed by the Himachal Pradesh Ex-Serviceman Corporation in April, 2025 (Annexure A-3), which is based on directions issued by the Division Bench of this Court on
22.08.2012.
3. In such circumstances, we are of the considered opinion that it is open to the present applicant/petitioner to file a separate writ petition raising
challenge to the said order of April, 2025 in independent proceedings, as prima facie not being a party it would not bind them to any directions passed by the earlier Division Bench.
4. Keeping in view of above, counsel for the applicant/petitioner does not press the present application with liberty to seek appropriate remedy in accordance with law.
5. The application stands disposed of accordingly. (G.S. Sandhawalia)
Chief Justice (Bipin C. Negi) Judge 4th August, 2025
(munish thakur)