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2022 Supreme(Raj) 2126

RAMESHWAR VYAS
Gram Panchayat Gangana – Appellant
Versus
Prema Ram – Respondent


Advocates appeared:
Moti Singh, Advocate, N.R. Choudhary, Advocate

JUDGMENT

Rameshwar Vyas, J. - This civil revision petition has been preferred under Section 115 of the Code of Civil Procedure by the petitioner-defendant No. 5 - Gram Panchayat Gangana against the Order dated 28.07.2021 passed by the additional District Judge No. 7, Jodhpur Metropolitan in Civil Original Case No. 02/2021 (Prema Ram & Ors. Vs. Bhinya Ram & Ors.), whereby the application under Order VII, Rule 11 (d) read with Section 151 of C.P.C. filed by the petitioner-defendant No. 5 was rejected. Brief facts of the case are that the plaintiffs - Prema Ram and others (respondent Nos. 1 to 4 herein) filed a civil suit for declaration and injunction against the defendant Nos. 1 to 4, members of the Jat Community (proforma respondent Nos. 5 to 8 herein) and the defendant No. 5 - Gram Panchayat (petitioner herein) with the averments that suit property vested in the Gram Panchayat Gangana, Panchayat Samiti Luni, District Jodhpur. The plaintiffs and the defendant Nos. 1 to 4 were having joint interest in the suit property, which was purchased in the name of some of the members of the Community. No member of the community was having independent personal interest in the suit property, how

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