RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals by special leave are directed against the judgment and order dated 26th of March, 1998 passed by a learned Judge of the High Court of Judicature for Rajasthan at Jodhpur in S.B. Civil Revision Petition No. 480 of 1994 and order dated 23rd of March, 1999 passed in S.B. Civil Defect Case No. 1788 of 1998 which arose out of an application for review of the order dated 26th of March, 1998. By the order dated 26th of March, 199.8, the learned Judge had set aside the order passed by the learned Munsif, 1st Class, Tibbi by which the learned Munsif held that the defendant No. 3/respondent No. 3 (in short 'respondent No.3') was not needed to be served with a notice under Section 80 of the Code of Civil Procedure (in short the 'CPC'), as the respondent No.3, being a District Education Officer, had not done any act in his official capacity.

(2.) The facts leading to the filing of these appeals may be summarized as follows :

(3.) The District Collector (Defendant No. 2) however revoked the earlier order dated 20th of November, 1968 by passing a fresh order on 20th of April, 1974. The appellants approached various authorities praying for an order restraining the defendant No. 2 (hereinafter referred to as "Respondent No.2") from delivering possession of the said land to the respondent No. 3 to District Education Officer, being Respondent No. 3. After being unsuccessful before different authorities, the appellant served a notice under Section 80 of the CPC read with Section 52 of the Rajasthan State Land Acquisition Act No.24 of 1953 on the respondent No.2 in his official capacity on 13th of December, 1985. Having failed to receive any reply, the appellants thereafter filed the suit on 25th of March, 1987 seeking declaration that the order dated 20th of April, 1974 passed by the respondent No.2 was null and void and ineffective and the appellants shall be delivered back possession of the said land, particulars of which has been described in paragraph 12 of the plaint, (hereinafter referred to as the 'suit land') from respondent No.3.