Full Judgment Text
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PETITIONER:
NABHIRAJ & ORS.
Vs.
RESPONDENT:
JAYEVATIBAI @ SHANTHA BAI & ORS.
DATE OF JUDGMENT: 15/04/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCC (4) 592 JT 1996 (6) 78
1996 SCALE (4)321
ACT:
HEADNOTE:
JUDGMENT:
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
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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.