SUNINDERJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order dated March 27, 1992, passed by the Civil Judge, Sri Ganganagar, by which the learned Civil Judge allowed the application under Order 1 rule 10 C. P. C. filed by Gyan Chandra and allowed him to be impleaded as a defendant to the suit.

(2.) PLAINTIFFS Suninderjeet Singh and Jitendraveer Singh filed a suit in the Court of the Civil Judge, Sri Ganganagar, for permanent injunction against the State of Rajasthan and the Gram Panchayat, 4-LL with respect to two plots measuring 165' x 90' each situated in Chak 5-HH tehsil and district Sri Ganganagar. It was prayed in the suit that the defendants may be restrained from dispossessing the plaintiffs from these two plots of land. Initially the Gram Panchayat was added as a party but later on, it was deleted as it was not a necessary party. Alongwith the suit, an application under Order 39 rules 1 and 2 C. P. C. for temporary injunction was also, filed by the plaintiffs. During the pendency of the suit, an application was, moved by Gyan Chandra to implead him as a defendant to the proceedings. It was averred in the application that these two plots were alloted to the plaintiffs by the Gram Panchayat in contravention of the Rules and without following the procedure, as provided under the Rules and the applicant challenged that allotment of the plots in favour of the plaintiffs by way of a revision petition before the Additional Collector, Sri Ganganagar, and that revision petition was allowed and the allotments made in favour of the plaintiffs were set-aside by the learned Additional Collector, Sri Ganganagar, vide its order dated January 30, 1992, and as the plaintiffs have challenged this very order passed by the learned Additional Collector in this suit and has prayed for the grant of permanent injunction and, therefore, he is a necessary party to the proceedings as the order which is under challenge, has been passed at the instance of the applicant. This application was opposed by the plaintiffs, but the learned Civil Judge, by its order dated March 27,1992, allowed the application filed by the applicant Gyan Chandra and ordered to implead him as a defendant in this suit. It is against this order that the plaintiffs have filed the present revision petition.