Oral Judgment:
01. The petitioner/original defendant has challenged the order passed by the trial Court directing the respondent/original plaintiff to implead the State Government and Bharat Sevak Samaj as defendants to the civil suit.
02. The respondent/plaintiff filed the civil suit praying for the decree for declaration that the petitioner/defendant has no right, title and interest in the suit property and for possession of the suit property. The respondent/plaintiff also prayed for decree for permanent injunction restraining the petitioner-defendant from transferring the suit property and delivering the possession to third person.
03. The petitioner-defendant raised the specific plea in the written statement that the suit property is E-Class government land. The petitioner-defendant stated in the written statement that the issue regarding grant of the suit property to Bharat Sevak Samaj cannot be considered in the absence of Bharat Sevak Samaj. It had been the specific defence of the petitioner-defendant that the suit is bad for non-joinder of the necessary parties. In spite of the specific defence of the petitioner-defendant as above, the respondents-plaintiffs have not taken any steps to amend the plaint and/or to implead the State Government and Bharat Sevak Samaj as the defendants to the civil suit.
04. The trial is complete and after the arguments are made, the case is closed for judgment. At this stage, the learned trial Judge suo-moto directed the respondents-plaintiffs to implead the State Government and office bearers of Bharat Sevak Samaj as the defendants. In my view, in the facts of the present case, directions given by the learned trial Judge exercising his jurisdiction under Order 1 Rule 10(2) of the Code of Civil Procedure are unsustainable. The respondents-plaintiffs having failed to take any steps to amend the plaint and to implead of the State Government and Bharat Sevak Samaj as defendants, the learned trial Judge could not have directed the respondent-plaintiff to implead them as defendants. The only reason given by the learned trial Judge for issuing the directions is that their presence is necessary to completely, effectively and adequately adjudicate the dispute. Only reproducing the language of Order 1 Rule 10(2) of the Code of Civil Procedure, the learned trial Judge has issued the directions. The impleadment of the State Government and Bharat Sevak Samaj which, according to the parties, is a public trust, is permissible only after taking the requisite steps provided in law for filing the civil suit against the State Government and public trust. The learned trial Judge has failed to consider these aspects.
05. In view of the above, the impugned order is set aside. Rule is made absolute in the above terms. In the circumstances, the parties to bear their own costs.