SIHASAN RAI Vs. RAM NARAIN

JUDGEMENT

(1.) This writ petition is directed against the order dated 16-1-1997 passed by the trial Court rejecting the application of the petitioner for transposition as plaintiff and the order of the revisional Court dated 24-1-2001 dismissing the revision against the said order.

(2.) Briefly, stated the facts, are that Ram Narain, respondent No.1 filed suit No.258 of 1981 for permanent injunction restraining the defendants 1st set for mandatory injunction to remove certain constructions and restraining them from interfering in possession of the plaintiff. In the suit he had impleaded Sheo Sagar and Dev Sagar as defendants 1st set and the defendants Nos. 3 to 12 as defendants 2nd set. The petitioner was impleaded as defendant No.6 in the suit. The plaintiff did not claim any relief as against the defendants 2nd set. The plaintiff entered into a compromise with the defendants 1st set and the suit was decreed on 9-9-1982 on the basis of the said compromise.

(3.) The petitioner filed an application to set aside the judgment and decree on the ground that he was not served with the notice in the suit. The trial Court rejected the application on 3-9-1983. The petitioner preferred an appeal and the appeal has been allowed on 16-11-1984 but it was made clear that it is set aside as against him but the compromise decree as against defendants Nos.1 and 2 was not set aside. The appellate Court permitted that the trial shall proceed against the petitioner.