BALDEV SINGH Vs. MEHAR SINGH

JUDGEMENT

(1.) Instant regular second appeal, at the hands of plaintiffs, is directed against the judgement of reversal dtd. 6/12/2016 passed by the learned Additional District Judge, whereby first appeal of the defendants was allowed and the judgement and decree dtd. 18/2/2014 passed by the learned trial Court, decreeing the suit for permanent injunction, were set aside.

(2.) Succinctly put, facts necessary for disposal of the present appeal, as noticed by the learned first appeal in para 2 of its impugned judgement, are that plaintiffs filed a suit against the defendants claiming that they were suing in representative capacity under Order 1 Rule 8 of the Code of Civil Procedure ('CPC' for short), contending that they had common interest in the suit property, which was being used as cremation ground and shed and boundary wall had been constructed thereon since time immemorial. The defendants being a political gang having interest adverse to the welfare of the village, removed the cremation grounds to another place and were threatening to damage and demolish the cremation shed and boundary wall already constructed. Request in this regard had been refused. Earlier, a suit was filed by one of the defendants Mehar Singh, which was dismissed as withdrawn and the Gram Panchayat of village Bishanpura had made a statement in that case, but now new Gram Panchayat had been elected and the members alleged that the resolutions passed by the earlier Panchayat were void because two members who signed the resolutions were not even member of the Gram Panchayat.

(3.) Having been served, defendants put appearance and filed their contesting written statement, raising more than one preliminary objections. Defendant No.14 filed his separate written statement. Replication was filed by the plaintiffs. On completion of pleadings of parties, learned trial court framed the following issues.