LEGAL REPRESENTATIVES OF LATE SH. NANAK RAM Vs. THE CIVIL JUDGE (JUNIOR DIVISION) 1ST CLASS, TARANAGAR & ORS.

JUDGEMENT

(1.) This petition is directed against order dated 23.8.2012, passed by the Civil Judge, Taranagar, whereby an application preferred by the applicants Mahadeo Prasad and Immichand for impleading them as party defendant in the suit, has been allowed.

(2.) The relevant facts are that the petitioner filed a suit for declaration and perpetual injunction against the State of Rajasthan through the District Collector, Churu and Tehsildar, Taranagar, aggrieved by the proceedings initiated by Tehsildar, Taranagar, under Sec. 22 of Rajasthan Colonisation Act, 1964, vide notice dated 17.7.2003, directing the petitioner to remove the encroachment over the pasture land. The suit was decreed by the Civil Judge (J.D.), Churu, vide judgment and decree dated 14.7.2005. Aggrieved thereby, an appeal preferred by the State was allowed and the matter was remanded back to the trial court for decision afresh, after giving an opportunity to the State to lead evidence.

(3.) After the remand, during the pendency of the suit, the respondent no. 4 & 5 herein, preferred an application for impleading them as party defendant in the suit. Precisely, the case of the applicants was that the defendant State had neither filed the written statement nor led evidence and therefore, the suit was earlier decreed in favour of the petitioner. It was submitted that the petitioner has encroached upon the pasture land and therefore, the interest of the villagers is bound to be directly affected by decision of the suit and therefore, the applicants deserve to be impleaded as party.