SK DOFIAN HOSSAIN Vs. NARAYAN KESHI

JUDGEMENT

(1.) THIS revision at the instance of defendant No. 1 is against the order of the learned Additional District Judge, Bhadrak, passed in Title Appeal No. 9 of 1984 allowing the plaintiff's prayer for addition of State of Orissa as defendant to the suit.

(2.) TO appreciate the question posed in the present revision it is necessary to recapitulate the factual aspect as stated hereunder: Plaintiff filed Title Suit No. 189 of 1979 in representative capacity under Order 1, Rule 8, CPC for a declaration of customary right of the villagers over the suit land as described in the schedule of the plaint, for permanent injunction restraining the defendants from interfering in the exercise of their such right and for a declaration that the sale deed in respect of the suit land which stands in the names of the defendants is illegal and inoperative.

(3.) THE learned trial Judge upon consideration of the evidence led during trial, dismissed the suit. Feeling angrieved by the judgment and decree the unsuccessful plaintiffs preferred the aforesaid Title Appeal. During pendency of the appeal, they filed a petition under Order 6, Rule, 17, CPC praying for impletion of State of Orissa as a party defendant. This prayer was objected to by the defendants. Considering the submissions made at the Bar, learned Additional District Judge allowed the plaintiff's prayer and remanded the suit to the Court below for fresh disposal in accordance with law. Defendant No. 1 preferred Misc. Appeal No. 251 of 1989 against the said order to this Court which upon hearing the parties, held the same to be unsustainable for the following reasons and remanded the matter for fresh disposal: