UMMA SAGHIR Vs. DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) By means of this petition under Art.226 of the Constitution, the petitioner has come up before this Court against the orders dt. 2-1-1988 and 20-2-1988 passed by the Addl. Munsif, Gorakhpur and District Judge, Gorakhpur, respectively.

(2.) Izzatullah, respondent No.3, in this petition, filed a suit for injunction in the Court of Munsif, Gorakhpur. The suit was numbered as Civil Suit No.691 of 1985. In the said suit the petitioner and respondent No.4 were impleaded as defendant Nos.1 and 2 respectively. The petitioner who was defendant No.1, filed her written statement. In the said written statement one of the pleas taken by the petitioner was that other landlords of the premises in dispute who are necessary parties having not been impleaded as defendants in the suit, the suit was bad for non joinder of necessary parties. On the aforesaid plea of the petitioner, the learned Munsif framed Issue No.6. Issue No.6 was as to whether suit filed by the plaintiff was bad for non joinder of necessary parties and the same was taken up as a preliminary issue. Learned Munsif decided the said issue against the petitioner and in favour of respondent No.3 who was plaintiff in the suit. Aggireved, the petitioner filed a revision before the District Judge. The learned District Judge dismissed the revision of the petitioner. The learned Judge relying on the decision of this Court reported in 1981 Alld. Civil Journal p.259, Satya Narain Parashar v. IIIrd Addl. District Judge and others, held that the revision filed by the petitioner against the order of the learned Munsif was not maintainable that is how the petitioner has come up before this Court.

(3.) Learned counsel for the petitioner argued that the learned District Judge has failed to exercise the jurisdiction vested in him under S.115 of Civil P. C. in not deciding the revision on merits and, therefore, the order deserves to be quashed. On the other hand, the learned counsel for the respondents supported the view taken by the learned District Judge.