RAMSINGH Vs. JIWANLAL

JUDGEMENT

(1.) THIS is a civil revision petition by the plaintiff against on order of the District Judge, Jaipur District, dated the 19th Aprils 1952, remanding the case to the first court on appeal with a direction to implead the Government as a party to the suit and setting aside the decree of the first court. As the order of remand is under sec. 151 C. P. C. the plaintiffs have come up in revision to this Court.

(2.) THE case of the plaintiffs is that the lower appellate court ignored the provisions of sec. 99 C. P. C. in remanding the case after setting aside the decree of the first court on the ground of non-joinder or mis-joinder of the parties. It is urged that the Government was not a necessary party to the suit and the only of the order of the court would be rejection of the plaintiff's plaint as want of notice under sec. 80 C. P. C. would stand in the way of the plaintiffs.

(3.) IN Krishnayya vs. The Bellary Municipal Council (3) (ILR Mad. 292.) the plaintiff sued a Municipal Council under the Madras District Municipalities Act for a declaration of his title to a certain structure situated in the limits of the Municipality and of his right to put a roof over it. It was held that the Secretary of State was not a necessary party to the suit.