JUDGMENT

Tarun Chatterjee, J. —

1. These appeals by special leave are directed against the judgment and order dated 26th of March, 1998 passed by a learned Judge of the High Court of Judicature for Rajasthan at Jodhpur in S.B. Civil Revision Petition No.480 of 1994 and order dated 23rd of March, 1999 passed in S.B. Civil Defect Case No.1788 of 1998 which arose out of an application for review of the order dated 26th of March, 1998. By the order dated 26th of March, 1998, the learned Judge had set aside the order passed by the learned Munsif, Ist Class, Tibbi by which the learned Munsif held that the defendant No.3/respondent No.3 (in short ‘respondent No.3’) was not needed to be served with a notice under Section 80 of the Code of Civil Procedure (in short the ‘CPC’), as the respondent No.3, being a District Education Officer, had not done any act in his official capacity.

2. The facts leading to the filing of these appeals may be summarized as follows:

The proceedings for acquisition of the land belonging to one Shri Daulat Ram, father of the appellants situated at Chak No.12 M.K.S. Tehsil Tibbi, Mu. No.180/242, Kila No.5-8 (presently Chak NO.3 D.P.M. 14 to 16 and 24-25) ad-measur