SARAT CHANDRA KONWAR Vs. TEZPUR UNIVERSITY

JUDGEMENT

(1.) HEARD Mr. T. C. Khatri, learned counsel for the petitioner.

(2.) THIS revision petition is directed against the order dated 14. 11. 07 passed by the learned Munsiff, Tezpur in T. S. No. 94/06 (T. S. No. 7/03) by which the prayer of the plaintiffs/petitioner for impleading them to abandon the claim against the will of the defendants was allowed.

(3.) DURING the pendency of the aforesaid suit, the plaintiff by filing an application under Order 1 Rule 10 (2) prayed for impleadment of as many as 161 persons as defendants in the suit on 5. 8. 03 and after consideration of the same the learned trial court allowed the same. In view of the impleadment, the defendants appeared and contested the suit by filing written statement. Subsequently, however, the plaintiffs by filing application under Order 23 Rule 1 prayed for abandonment of the suit against the 70 members of defendants on the ground that they expressed their regard for their involvement in the incident leading to agitational programme of the non-teaching employees of Tezpur University during March, 2003 and they have given undertaking that they would not involve themselves in any such activities in future and shall abide by the code of conduct as laid down in Statute No. 5 Section 8. 4 (a to k) of the University and accordingly they did not want to proceed against them in the suit. An objection was filed on behalf of some remaining defendants against the aforesaid prayer made by the plaintiff under Order 23 Rule 1 CPC. The learned trial court heard the matter on 18. 6. 07 and 14. 11. 07 and allowed the prayer of the plaintiff as per the impugned order.