CSA - 186/06 - Union of India & Ors. Vs. Villagers of Marwar Junction Judgment dt.30.7.08 1/2 S.B. CIVIL SECOND APPEAL NO.186/2006 Union of India & Ors. Vs. Villagers of Marwar Junction. Date of order : 30th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Kamal Dave for the appellant. Mr. Mrigraj Singh for Dr. P.S. Bhati ) for respondents. Mr. Mahesh Joshi for Mr. Suresh Shrimali ) --------- This second appeal arises out of the judgment of learned appellate court dated 22.11.2005 whereby the appeal of the defendant-Railway was dismissed against the decree granted in favour of the plaintiff-respondents in respect of the land in question situated in Gram Panchayat Marwar Junction about khasra No.29/653. The learned counsel for the appellant-Railway submits that it was found by the learned trial court that the said land was railway's land and they had constructed residential colony, hospital, school, guest house and were using the said land for last more than 75 years and, therefore, they will be free to raise construction of such public amenities on the said land. However, for the remaining part of the land of khasra No.29/653, the learned trial court found that the State Government was free to take a decision in the matter. Learned counsel for the appellant Shri Kamal Dave submits that despite objection of the defendant-Railway raised before the learned trial Court, the learned trial court did not implead the State Government as party in the suit. Mr. Mrigraj Singh also filed an application under Order 1 CSA - 186/06 - Union of India & Ors. Vs. Villagers of Marwar Junction Judgment dt.30.7.08 2/2 Rule 10 on behalf of the Shri Devender Singh & Ors. claiming to have a patta in respect of the portion of the said land, therefore, he has prayed for impleadment in present second appeal. After hearing the learned counsels, it appears that both the courts below have committed serious error in not impleading the State Government as party defendant in present suit because it is only the Revenue record of which the State Government was in possession that the exact ownership of the land in question could be ascertained. Since the private parties have also claimed to be impleaded in the said suit and at the second appeal stage, it is considered appropriate that both the judgments of the trial court as well as first appellate court are set aside and the matter is remanded back to the learned trial court for denovo trial after impleading the State Government as defendant in the said suit and after considering the application under Order 1 Rule 10 C.P.C. filed by Shri Devender Singh and others in this Court. The said applicants will be at liberty to file similar application before the learned appellate court which should be considered in accordance with law. In view of these observations, this appeal is allowed and the impugned orders dated 4.6.2005 and 22.11.2005 passed by the courts below are set aside and the suit No.40/2000 is restored to the learned trial court for denovo trial in accordance with law. [ DR. VINEET KOTHARI ], J. item No.44 babulal/-