GRAM PANCHAYAT JOTISAR Vs. TIRATH JOTISAR

JUDGEMENT

(1.) This order will dispose of Civil Revision Petitions Nos. 420 and 421 of 1977, as the question involved is common in both the cases.

(2.) The Gram Panchayat Jotisar through its Sarpanch Faqir Chand and one Panch Ami Singh, brought the suit against the defendant Tirath Jotisar. Objection was raised whether the Gram Panchayat was or was not competent to sue as such without all the members thereof having been made parties to the litigation. The learned trial Court relying upon the judgment of this Court in Mewa Singh v. Dalip Singh,1976 PunLR 380, came to the conclusion that since the other Panches has not been made parties to the suit either as plaintiffs or as defendants, the said suit as such was not maintainable. Dissatisfied with the same, the plaintiffs have filed this revision petition in this Court.

(3.) After hearing the learned counsel, I am of the considered opinion that the whole approach of the trial Court is wrong, illegal and misconceived. Mewa Singh's case, relied upon by it, has no applicability to the facts of the present case.