JAGMALA RANI Vs. JEET MAL

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the learned Civil Judge, Phalodi dated August 6, 1993 by which the plain-tiff-petitioners have not been permitted to withdraw their suit against the defendant-non- petitioner No. 2, Gram Panchayat, Lphawat. The facts of the case giving rise to this revision petition may be summarised thus.

(2.) THE plaintiff-petitianers have filed a suit for declaration and demolition of the construction made by the defendant No. l Jeet Mal on the land of public way. In their written statement, the defendants raised objection that the suit is not maintainable as. notice required under Section 79, Rajasthan Panchayat Act (hereinafter called the. Act) has not been served upon the Gram Panchayat, Lohawat (defendant No. 2) before filing of the suit, THEreon, the plaintiffs moved an application that they do not want to prosecute their suit against the defendant no,2 and it may be dismissed so far as defendant No. l Gram Panchayat, Lohawat is concerned. Reply was filed by the defendants averring that the suit against the Gram Panchayat is not maintainable for want of notice under Section 79 of the Act, it cannot be withdrawn and got dismissed against it only and it has to be dismissed in toto. After hearing the learned counsel for the parties, the learned trial court dismissed the plaintiff's application for withdrawal of the suit against the Gram Panchayat, Lohawat.