SAMIR KR KHARE Vs. MRIDUL BEZBARUAH

JUDGEMENT

(1.) Defendant No. 2 in Title Suit No. 51/96 Shri S.K. Khare has presented the instant revision petition being dissatisfied with the order passed on 6.5.98 by the learned Civil Judge (Senior Division), Kamrup disallowing his petition to struck off his name from the suit. The opposite party No. 1 is the original plaintiff of the suit and the opposite party No. 2 is the Gauhati Municipal Corporation and defendant No. 1 of the suit.

(2.) The facts of the case, briefly stated, is that the plaintiff Sri Mridul Bezbaruah instituted the Title Suit No. 51/96 in the Court of the Civil Judge (Senior Division), Kamrup claiming damage of Rs.55 lakhs against 14 defendants including the present petitioner and the opposite party No. 2 (defendant No. 1 and 2 in the suit). Subsequently on the amendment of the plaint he dropped the defendant Nos. 3 to 14 and the suit proceeded against defendant No. 1 and 2 only claiming damages of Rs. 25 lakhs.

(3.) Appearing in the suit, the present petitioner presented an application numbered as 3078/97 dated 5.12.97, for striking off his name on the ground, inter alia, that he was Commissioner of opposite party No. 1 only till 23.12.94 and the opposite party No. 1 was placed under suspension with approval of the administrator of the Corporation Shri M.G.V.K. Vanu and the order of suspension was published in the newspaper in routine manner as part of administrative action and as per law. That on 6.10.94 again on the approval of the administrator the order of reinstatement of the opposite party No. 1 (plaintiff) was made. That the exoneration of the opposite party/plaintiff was on 19.9.95 when the petitioner was not the Commissioner and his making the publication of such exoneration cannot and does not arise. That the publication was in public interest and there was nothing malafide etc. etc.