GUJARAT HOUSING BOARD Vs. NAGAJIBHAI LAXMANBHAI

JUDGEMENT

(1.) The Gujarat Housing Board is the petitioner in Civil Revision Application No. 1687 of 1983. The Civil Revision Application is filed against the order passed by the Civil Judge (S.D.) Bhavnaga in Order below Exh. 20 dated 23.7.1981.

(2.) The 1st respondent herein filed Regular Civil Suit No. 151 of 1981 on the file of the Civil Judge (S.D.) Bhavnagar praying for setting aside section 4 and section 6 notifications issued under the Land Acquisition Act. In that suit the present petitioner herein put in an application under Order 1 Rule 10(2) Civil Procedure Code praying to join him as party-defendant No. 3 in the main suit. According to the petitioner herein it is a body corporate and it carries activity of constructing residential buildings for weaker section of the people. It has constructed buildings in lands situated at the outskirt of Vadhva in the City of Bhavnagar and for further construction of buildings for weaker section of people as well as for the middle class people it required further area. It submitted its representation to the State Government and the State Government by its Notification under the Land Acquisition Act acquired the lands bearing Survey Nos. 384 385 and 386 situated at the outskirt of Vadhva. Thus the lands were acquired by the State Government. who is the 1st defendant in the suit for achieving the objects and activity of the petitioner herein. While so the 1st respondent herein who is the plaintiff and his relatives and other interested persons originally filed suits in which the petitioner was also a party-defendant. Having failed in those proceedings the plaintiff. who is the 1st respondent herein has come forward with the present suit without making the petitioner as the party-defendant. It is the case of the petitioner herein in the application filed by him that he is a necessary and proper party that if the suit is proceeded without the petitioner being a party irreparable loss and hardship would be caused to him and that the petitioner being the acquiring body of the disputed lands he should be joined as a party-third defendant to the suit. With the abovesaid prayer the petitioner herein wanted the Civil Judge (S.D.) before whom the Regular Civil Suit No. 151 of 1981 was pending. to join him as party-third defendant to the suit. The 1st respondent herein opposed the application filed by the petitioner herein before the Civil Judge (S.D.) stating that the petitioner is neither a necessary nor a proper party and that the plaintiff in the suit cannot be compelled to litigate against a person from whom he does not seek any relief.

(3.) The Civil Judge (S.D.) Bhavnagar after referring to Mahuva Municipality v. Mehta Kiritkumar Umedchand and Ors. (ATR 1973 Gujarat 97) wherein the Gujarat High Court has held that the acquiring body is not a party interested in the subject matter of the suit nor said to be a proper party to the suits rejected the application filed by the petitioner herein under Order Rule 10 CPC.