SHANTILAL Vs. FARID KHAN

JUDGEMENT

(1.) THIS revision application is directed against the judgment and decree of the district Judge, Bikaner, who dismissed the plaintiff's appeal merely because the plaintiff-applicant failed to implead one of the defendants in the appeal.

(2.) THE plaintiff-applicant had instituted a suit before the Civil Judge, Churu, for the recovery of a sum of Rs. 418/ -. There were as many as seven defendants in the said suit. They were Farid Khan Nabu Khan, Farid Khan Joya, (sic) Khan, Nurey khan, Fatehchand and Bajranglal. The Civil Judge decreed the suit against Joya farid Khan, defendant No. 3 alone and that too in the sum of Rs. 340/ -. He dismissed the suit against the remaining six defendants. The plaintiff preferred an appeal before the District Judge, Bikaner, impleading only these six remaining defendants as respondents. He did not implead Joya Farid Khan as a party to this appeal. At the hearing an objection was taken on behalf of the respondents that the appeal must be dismissed due to the non-joinder of Joya Farid Khan. The learned District Judge, Bikaner, relying on Sadhu Ram v. Mohammad Ali, AIR 1950 him Pra 30 upheld the objection of the respondents and dismissed the appeal. The applicant has now come up in revision to this Court.

(3.) I have heard Shri Kishore Singh for the applicant and Sri P. C. Mathur for the non-applicants.