1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Prem Singh Vs. Smt. Bhagwani Devi & Anr. S.B.Civil Writ Petition No. 4249/2008 Date of Order : 09/07/2008 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR BY THE COURT Mr. Rohitash Singh for the petitioner. By the instant writ petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 29.4.2008 passed by Civil Judge, Junior Division No.1, Sujangarh. I have heard learned counsel for the petitioner. Carefully gone through the order dated 29.4.2008. It is contended by learned counsel for the petitioner that in the very suit, the petitioner earlier filed an application seeking summoning of the original sale deed which was declined 2 by the trial court by order dated 12.4.2006. However, subsequently, on an application by the defendant respondent, the original document was permitted to be taken on record and exhibited as Ex.C-1. From the perusal of the order impugned, it appears that the defendants based their defence on the said document sale deed and certified copy of the same was placed on record and the petitioner plaintiff had full knowledge of the defence of the defendants as the defendants came with a case by filing the certified copy of the sale deed. However, subsequently, the original was sought to be produced and the trial court permitted to produce the same. In my view, no prejudice is said to have been caused to the plaintiff petitioner as the petitioner was made aware right from filing of written statement along with which the certified copy of the sale deed was placed on record. Even otherwise, the writ petition is not maintainable as the petitioner has not impleaded the authority which passed the order impugned in view of the decision of Hon'ble Supreme Court in Udit Narain Singh Malpaharia Vs. Additional Member Board of Revenue, Bihar and another, AIR 1963 SC 786 wherein Hon'ble Supreme Court held that in a writ of certiorari not only the tribunal or authority whose order is sought to be quashed but also parties in whose favour the said order is issued are necessary parties. 3 For the reasons stated above, the writ petition is dismissed. There shall be no order as to costs. (H.R.PANWAR), J. rp 4 S.B.Civil Stay Petition No. 7669/2008 In S.B. Civil Writ Petition No. 4249/2008 Date of order : 09/07/2008 HON'BLE MR.H.R.PANWAR,J. Mr. Rohitash Singh for the petitioner. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. rp