2013 Supreme(Raj) 1054
RAJASTHAN HIGH COURT
Govind Mathur, J.
Gram Panchayat, Tandoorwali - Appellant
Versus
Subasadak and Ors. - Respondent
S.B. Civil Writ Petition No. 11288 of 2012.
Decided On : 8-04-2013
For the Petitioner:Krishan Bansal, Advocate.
Headnote:
Waiver - Party to Proceedings - The court dismissed the application of the Gram Panchayat to become a party to the proceedings, as the plaintiff was claiming a decree of permanent injunction and not a decree of declaration pertaining to title. The land in question had already been given to the Public Health Engineering Department, making the Gram Panchayat not a necessary party.
Fact of the Case:
The court dismissed the application of the Gram Panchayat to become a party to the proceedings, as the plaintiff was claiming a decree of permanent injunction and not a decree of declaration pertaining to title.
Finding of the Court:
The court found that the Gram Panchayat was not a necessary party to the suit, as the land in question had already been given to the Public Health Engineering Department.
Issues: Whether the Gram Panchayat was a necessary party to the suit.
Ratio Decidendi: The court held that the Gram Panchayat was not a necessary party as the plaintiff was claiming a decree of permanent injunction and the land had already been given to the Public Health Engineering Department.
Final Decision: The writ petition was dismissed, and the application of the Gram Panchayat to become a party to the proceedings was rejected.
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