DWARKA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners/plaintiffs have filed this civil revision against the order dtd. 13/3/2023 passed by 2nd Civil Judge, Junior Division, Sarangpur, district Rajgarh in civil suit no.67A/2014 whereby the application filed by the petitioners under Order 23 Rule 1 CPC has been dismissed.

(2.) The brief facts of the case are that petitioner/plaintiff filed a suit for declaration and permanent injunction against the respondent/State with regard to the land bearing survey no.269/1/1 Rakba 0.140 hectares situated at Kasba Pachore, Tehsil Pachore, district Rajgarh (hereinafter referred to as 'the suit property'). The respondent no.1/State filed a written statement denying all the averments made in the plaint and alleged that the petitioners are not the owners of the suit property and in the year 1948 the suit property was not allotted to the father of the petitioner for establishment of ginning factory.

(3.) The trial court framed issues, recorded evidence and dismissed the suit filed by the petitioners. The petitioners/plaintiffs being aggrieved by the said judgment passed by the trial court preferred a first appeal before the first appellate court. During the pendency of the first appeal, Bhagwatibai and Lalitabai, daughters of late Mangilal filed an application under Order 1 Rule 10 CPC stating that they are the daughters of Mangilal, therefore, they are also having share in the suit property and the petitioner without informing them has filed a suit which was not maintainable due to non joinder of necessary parties. The first appellate court has allowed the said application and partly allowed the appeal filed by the plaintiff and set aside the issues, judgment and decree passed by the trial Court and remanded the matter back to the trial court with a direction to join necessary parties in the suit and after giving them opportunity of hearing decide the suit on merit in accordance with law.