GURMUKH SINGH Vs. CIVIL JUDGE

JUDGEMENT

(1.) HEARD the learned Counsel for the parties. By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 1.2.2003 Annexure -7 to the writ petition, passed by the Civil Judge (JD), Dehradun.

(2.) BRIEFLY stated the facts giving rise to the present writ petition are that the petitioner filed a suit No. 279 of 2001 Gurmukh Singh v. Jagat Singh and others in the Court of Civil Judge (JD) Dehradun for permanent injunction against the respondents No. 2 to 6, restraining them not to interfere in possession of the petitioner over the land in suit. Along with the plaint the petitioner has also filed an application under Order 39, Rule 1 for ad interim injunction which was allowed vide order 12.10.2001 and directed the parties to maintain status quo over the land in dispute. Thereafter on 24.10.2001 respondents No. 2 to 6 filed an application under Order 1, Rule 8 C.P.C. for defending the suit on behalf of all the residence of village Barotwala, Pargana Pachhwadoon, Tehsil Vikas Nagar, District Dehradun in representative capacity. The Civil Judge (JD) fixed 13.11.2001 for objection and decision on the application filed on behalf of respondent Nos. 2 to 6 under Order 1, Rule 8 C.P.C. Against said order respondents No. 2 to 6 filed a revision which was allowed by the Additional District Judge vide order dated 19.10.2001 and the Trial Court was directed to dispose of the application in accordance with law. The learned Civil Judge (JD) allowed the application under Order 1, Rule 8 C.P.C. vide order dated 1.12.2003, against which the present writ petition has been preferred.

(3.) SINCE the Trial Court has not given reasons for impleading the respondents No. 2 to 6 in a representative capacity under Order 1, Rule 8 C.P.C. the impugned order passed by the Trial Court on 1.12.2003 cannot be sustained. In view of the above fact, the writ petition is allowed. Impugned order dated 1.12.2003 passed by the Civil Judge (JD), Dehradun is set aside. The matter is remanded to the Trial Court for passing a reasoned order afresh in the light of the observation made above. No order as to costs.