Impleadment in writ petitions may be allowed for vitally affected persons despite Section 141 CPC not applying.

A person vitally affected by a writ petition under Article 226 may be impleaded as a respondent even though Section 141 CPC, as amended in 1976, excludes Article 226 proceedings and no specific High Court rule exists. The Court relied on its power under Article 225 to regulate procedure and held that writ petitions should not be decided without affected persons before the Court. By applying inherent powers on the analogy of Order I Rule 10 CPC and general principles of justice, impleadment was held maintainable and the affected person could be joined as a respondent.

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Issues: Whether a person vitally affected by a writ petition under Article 226 of the Constitution can be impleaded as a respondent notwithstanding the inapplicability of Section 141 of the Code of Civil Procedure, 1908 and the absence of a specific High Court rule.

Analysis: The Explanation inserted in Section 141 of the Code of Civil Procedure, 1908 by the amendment of 1976 excludes proceedings under Article 226 of the Constitution from the section. The Court held that this does not bar impleadment in writ proceedings. Since a High Court has power under Article 225 of the Constitution of India to regulate procedure, and since a writ petition should not be decided without persons vitally affected by the judgment being before the Court, such affected persons may be added by the Court in exercise of its inherent powers on the analogy of Order I, Rule 10 of the Code of Civil Procedure, 1908 and in accordance with general principles of justice.

Conclusion: The preliminary objection failed and the application for impleadment was maintainable; the affected person could be joined as a respondent.

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