STATE OF RAJASTHAN Vs. UMMED SINGH

JUDGEMENT

(1.) THIS appeal preferred by the Rajasthan Government against the order of the Jagir Commissioner, Jaipur dated 9. 9. 59 under Sec. 39 of the Rajasthan Land Reforms and Resumption or Jagirs Act, 1952 was heard on 22. 4. 60 and the judgment was reserved. On the next date 29. 4. 60 the learned Government Advocate made an application that one Shri Davendra Singh be also added as respondent along with Shri Ummed Singh who had already been cited as respondent. After giving notice to the respondent Ummed Singh, this application was heard and it was decided on 17. 11. 60 that in accordance with O. 41, r. 20 C. P. C. it was necessary to implead Davendra Singh as party and the Government Advocate was directed to take necessary action in this matter. Notices were served on Davendra Singh and as no appearance was put in on his behalf despite notice, orders were passed to proceed ex-parte against him. On the next date the counsel for Shri Davendra Singh who is a minor put in appearance and wanted time to move an application which was granted to him. No application has, however, been moved as yet. In the meantime the parties continued to have the case adjourned and it came for hearing to day. It was represented on behalf of Davendra Singh respondent that he was getting a chance of being heard only today he could question having been impleaded as respondent under O. 41, r. 20 C. P. C. on the ground that he was no longer interested in the result of the appeal" on the date it was moved on behalf of the Government to implead him as respondent because of the appeal against him having already been barred by time on that date.

(2.) IT has been contended on behalf of the learned Government Advocate that once an O. 41, r. 20 C. P. C. has been passed to implead Davendra Singh as respondent it cannot be questioned in any manner in this court at any stage whatsoever.