1995 Supreme(Raj) 1023
RAJASTHAN HIGH COURT
B.R.Arora, D.C.Dalela, JJ.
Ladu Singh - Appellant
Versus
The Board of Revenue and Ors. - Respondent
D.B. Civil Special Appeal No. 363 of 1985.
Decided On : 19-09-1995
The Court has the power under O.1 r.10(2) CPC to order the addition of parties, whether as a plaintiff or defendant, whose presence is necessary to enable the Court to effectually and completely adjudicate upon and settle all the questions involved in the proceedings.
Headnote:
REVENUE APPELLATE AUTHORITY - IMPLEADING NECESSARY PARTY - O.1 R.10(2) CPC - POWER OF COURT TO ORDER ADDITION OF PARTIES - PUBLIC INTEREST - REPRESENTATIVE CAPACITY.
Fact of the Case:
A dispute arose over the mutation of land in a village. The Gram Panchayat ordered the mutation in favor of Karni Dan and the public of the village. Badri Dan, claiming to be the Khatedar of the land, filed an appeal before the Collector, Pali, which was transferred to the Assistant Collector, Jaitaran. The Assistant Collector allowed Narain Singh and others to represent the villagers in the case. The Revenue Appellate Authority dismissed Badri Dan's appeal, holding that Narain Singh and others were not necessary parties. The Board of Revenue allowed a revision petition filed by Karni Dan and directed the Revenue Appellate Authority to implead Narain Singh and others as party-respondents. Badri Dan challenged this order in the High Court.
Finding of the Court:
The High Court held that the non-inclusion of Narain Singh and others as party-respondents by name was not fatal as the public of the village had been impleaded as party respondent No. 4. The Court also held that the Board of Revenue had the power under O.1 r.10(2) CPC to implead Narain Singh and others as necessary parties to the proceedings, even without an application by any party.
Issues: Whether the appeal was incompetent for want of impleading the necessary party.
Ratio Decidendi: The Court held that the appeal was not incompetent for want of impleading the necessary party as the public of the village had been impleaded as party respondent No. 4. The Court also held that the Board of Revenue had the power under O.1 r.10(2) CPC to implead Narain Singh and others as necessary parties to the proceedings, even without an application by any party.
Final Decision: The Court dismissed the appeal.
JUDGMENT
1. - This appeal is directed against the judgment dated 6.9.85, passed by the learned Single Judge, by which the writ petition filed by the petitioner-appellant challenging the order of the Board of Revenue dated 20.2.85, was dismissed.
2. In order to appreciate the controversy it is necessary to state, in brief, the events which culminated in the litigation between the parties. With respect to 39 Bighas 7 Biswas of land of Khasra No. 35 situated in village Basni Kavian wherein a litigation started between Badridan and Karni Dan. On 1.10.68 both these persons compromised the matter and filed the compromise-deed in the Court. In pursuance to this compromise, the suit was decided on 5.11.78 in favour of Karni Dan and he was declared as the Khatedar of this land. Karni Dan, after the decision of the suit in his favour with respect to this land, sold half of the land for public purposes, i.e., for digging a well. The Government sanctioned some grant for digging the well and the well is already in existence. On 30.11.68, the Tehsildar, Raipur, ordered that the mutation of half of the land, i.e., 19 Bighas 1 Biswa, may be made in favour of Karni Dan and 19 Bighas 1 Biswa of the land may he mutated in fa sour of the public of village Basni Kavian. In pursuance to this order of the Tehsildar the Patwari of the area entered the mutation in favour of the public of Basni Kavian and the Grain Panchayat, Rampur Kallan, approved this mutation in its Meeting held on 4.2.69. An appeal against this order was filed which was allowed and the case was remanded to the Gram Panchayat for reconsideration. The Gram Panchayat, in its meeting dated 30.4.72, ordered that the mutation of 19 Bighas 1 Biswa of the land may be made in favour of the public of Village Basni Kaviyan and that of 19 Bighas I Biswa in favour of Karni Dan. Dissatisfied with the order dated 30.4.72 passed by the Gram Panchayat ordering the mutation of the land in the name of the public of Basni Kavian and Karni Dan, Badri Dan, claiming himself to be the Khatedar of this land, filed an appeal before the Collector, Pali, which was transferred to the Court of the Assistant Collector, Jaitaran, for adjudication. In the appeal, the villagers of Basni Kavian were made the party represented by Karni Dan. The villagers, on 9.10.73, objected for their representation by Karni Dan and moved an application that the interest of whole of the invillagers in the appeal will not he properly looked after by Karni Dan and, therefore, instead of Karni Dan, Narain Singh, Pratap Singh, Chainpuri and Idan may be permitted to defend the appeal on behalf of the villagers of Basni Kavian. As the interest of all the villagers is involved in the land. The Assistant Collector, Jaitaran allowed this application and permitted Narain Singh, Pratap Singh, Chainpuri and Iedan to defend the case of the villagers in the representatives capacity: Badri Dan, aggrieved of the order impleading Narain Singh and others as the party- respondents, filed the appeal before the Revenue Appellate Authority, Jodhpur, which was dismissed on 22.12.75. The impleading of Narain Singh and others as the party was given publicity in the area. The appeal filed by Badri Dan was ultimately dismissed by the Assistant Collector, Jaitaran, by his judgment dated 25.6.77 and the order dated 30.4.72, passed by the Gram Panchayat, Rampur Kallan, entering the mutation in favour of the public of Basni Kavian and Karni Dan of 38 Bighas 7 Biswas of land, was maintained. Aggrieved with the order dated 25.6.77 passed by the Assistant Collector, Jaitaran, dismissing the appeal filed by Badri Dan, Badri Dan preferred an appeal before the Revenue Appellate Authority, Jodhpur. In the appeal before the Revenue Appellate Authority, an objection was taken by the learned counsel for the respondent No. 1 Karni Dan that Narain Singh, Pratap Singh, Chain Puri and ledan, who were the necessary party in the appeal, have not been impleaded as party-responden
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