Nabhiraj
& Ors Vs. Jayevatibai @ Shantha Bai & Ors [1996] INSC 542 (15 April 1996)
Ramaswamy,
K.Ramaswamy, K.G.B. Pattanaik (J)
CITATION:
1996 SCC (4) 592 JT 1996 (6) 78 1996 SCALE (4)321
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
We
have heard learned counsel on both sides. The first respondent instituted a
suit dated October 30,
1981 for a declaration
to the effect that she is the absolute owner of the suit land admeasuring 6
acres and 25 gunthas situated at Raichur. Subsequently, the appellants got impleaded
themselves as the respondents under order 1, Rule 10, CPC.
We are
as informed that in spite of repeated adjournments, they did, not file written
statement and by an order of the Court they forfeited their right . However, in
paragraph 12 of the voluntarily filed written statement, they have specifically
stated that they "reserve their rights to recover their share of
compensation amount illegally received the first respondent [appellant from the
Court acquiring the land in Survey No.686". They also sought dismissal of
the suit. The contention now sought to be raised is that the order of the Court
directing the first respondent to have the suit dismissed as against the
appellants, would disentitle them from claiming any relief in the matter. We
find no force in the contention. In this case, it is not the case of first
respondent that the sought permission under Order 23, Rule 1, CPC to have the
suit dismissed with liberty to file fresh suit. In the plaint itself, the
respondent did not seek any relief against the appellants. The appellants got
themselves impleaded as party defendants during the pendency of the suit. In
view of the specific stand taken by the appellants that they reserved their
right to take appropriate proceedings in the form open to them, the first
respondent is not prepared to proceed against the appellants in this suit.
Under these circumstances, the permission granted by the Court dismissing the
suit as against the appellants cannot be stated to have been vitiated by any
error of law.
The
appeal is accordingly dismissed. It is stated that the suit is pending for
years. The trial Court is directed to dispose of the suit expeditiously. If
anybody has filed or files any application for impleadment, it is directed to
be dismissed. No costs.
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