JUDGMENT :- This civil miscellaneous appeal raises an interesting question, namely, whether lands vested by Government in a municipality or other local authority will continue to be in tae ownership of the Government or will be, like lands assigned by Government to private persons, in the ownership of the municipality or local authority, and whether the rules of prescription regarding the easements, ownership etc. claimed over such lands by private persons will be tae rules applicable to Government or only those applicable to the municipality and local authority, and whether in a suit brought against the municipality for an injunction restraining them from putting up a, wall on such land, vested in them, on the ground that it is affecting the rights of the plaintiffs (private parties) to light, air, access etc., that Government is a proper and necessary party and can be directed to be added under O. 1 Rule 10 C.P.C., as held by the lower appellate court.

2. The facts are simple. Certain land belonging to the Government was vested in the Velfore municipality for the purpose of having a city market. As long ago as at least 1874, it is alleged that a portion of this land, so v