RATTAN CHAND Vs. DHARAM SINGH

JUDGEMENT

(1.) Petitioners are defendants in a suit instituted in the Court of Civil Judge, Hamirpur. Suit has been filed by respondents for permanent prohibitory injunction, restraining the petitioner/defendants from making any encrcoachment, on Khasra No. 84 and 83, which are alleged to be in the ownership of the State of Himachal Pradesh, but available for use by residents of the village for common purposes, like thoroughfare and other common purposes. Prayer for fixation of the boundary between the suit land and the adjoining land of the defendants has also been made. Defendants filed written statement, in which a preliminary objection that the suit was bad for non -joinder of State of Himachal Pradesh, was also raised. Written statement was filed in the year 2002.

(2.) IN the year 2008, respondents filed an application, under Order 6 Rule 17 and Order 1 Rule 10 CPC, seeking impleadment of the State of Himachal Pradesh, as a party and also to amend the plaint to raise the plea that the State, despite being the owner of the property, had not taken any steps to protect the interest of the villagers, who had the right to use the property for common purpose and seeking a decree for mandatory injunction against the State, directing it to take appropriate steps for removal of encroachment.

(3.) I have heard the learned counsel for the parties and gone thought the record.