NATHU ALIAS DADU GIGA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the learned District Judge Rajkot dismissing civil appeal No. 59 of 1960 with costs.

(2.) The facts giving rise to this appeal briefly stated are as under :- The plaintiffs including one Mohmad Dada filed regular civil suit No. 275 of 1957 against the State of Bombay and three others for a declaration that they were illegally dispossessed of the suit land by the State and for a declaration that occupancy certificates issued to the other tenants were illegal and for possession of the suit land from them. The suit was filed on 25-4-1957. It was contested by the defendants. On 31-3-1960 the plaintiff No. 2 Mohmad Dada gave an application Ex. 131 to withdraw from the suit. On 13-4-1960 plaintiff No. 2 gave application Ex. 134 stating that he was not ready and willing to continue as the next friend of plaintiff No. 1 Nathu alias Dada Giga who was of unsound mind. On 14-4-1960 plaintiffs Nos. 3 4 and 5 Umar Giga Rehman Giga and Manji Giga gave application Ex. 135 stating that they had cancelled the power of attorney given by them to plaintiff No. 2 Mohmed Dada. Before any order was passed by the Court on the above applications these applications were withdrawn and the plaintiffs submitted an application at Ex. 144 on 25-4-1960 to withdraw the suit and on the same day the learned Judge disposed of the suit as having been withdrawn by the plaintiffs. Being dissatisfied with that order the plaintiffs except Mohmed Dada preferred an appeal in the District Court which was dismissed. The plaintiffs have therefore preferred the present appeal to this Court.

(3.) Mr. D. U. Shah learned advocate for the appellants raised the several contentions:-