CMPMO 790 of 2008. 19.12.2008 Present: Mr. Tek Chand Sharma, counsel for the petitioners. This petition has been preferred against the order passed by the Commissioner under the Workmen’s Compensation Act allowing application under Order 1 Rule 10 of the Code of Civil Procedure. Learned counsel has made a number of submissions on the legality of the order including the fact that there could be no impleadment as the person impleaded has no rights. This submission cannot be accepted as mere impleadment does not confer any right on the person impleaded. The fact as to whether the person is entitled to any right will have to be established by cogent evidence and in accordance with law. The apprehension expressed by the learned counsel for the petitioner that the decision perse grants rights cannot be -2- accepted. It is trite that the Commissioner will base his decision on the facts and law as brought on record of the case and not merely on an order allowing impleadment. This petition is accordingly dismissed. There shall be no order as to costs. Pending application(s) shall stand dismissed. December 19, 2008 (PC). (Dev Darshan Sud), J.