Law: Civil Procedure Code (V of 1908)

Section: 10

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)--- ----O. I, R. 10---Specific Relief Act (I of 1877), S.42---Suit for declaration regarding inheritance share---Revenue entries , challenging of---Allegation of Fraud---Impleadment of Revenue Officers/Officials---Necessary party---Scope---Appellants /defendants, during the pendency of appeal, moved an application under O. 1, R. 10 Civil Procedure Code, for impleading Revenue Officer(s), which was dismissed---Petitioners /defendants assailed the order passed by the Appellate Court---Contention of the petitioners was that the mutations-in-question were challenged on the ground of fraud, so the Revenue Authorities (Provincial Government, Tehsildar, etc.) were the necessary parties and that the same parties might be impleaded at any stage of the suit---Validity ---Record revealed that the plaintiffs/ respondents filed the suit for declaration in the year 2009 with the allegation that the petitioners /defendants got sanctioned the inheritance mutation in the year 1943 while omitting their ( plaintiffs') name in the list of the legal hiers and all these proceedings were completed while concealing the facts---There was no specific allegation against any of the Revenue Officers that any of the Revenue Officer or Official was part of that conspiracy of omitting the name of the petitioners at the relevant time i.e. at the time of sanctioning of the mutation---Nowhere in the plaint any specific allegation was raised against any Revenue Officer or Official ---Revenue officer by name can be impleaded in the suit if the Court feels it necessary and when there is a specific allegation against him for being the part of some illegal act otherwise the matters which are required to be decided on the basis of documents and the other related/relevant oral evidence, the Officials/Officers of Revenue Department are not necessary to be impleaded in such proposition, as the relevant record can be requisitioned and analyzed by the Court---Other aspect of said proposition was that the suit was filed in the year 2009 and the petitioners filed the written statement in the year 2010 without raising any objection and even in the evidence there was nothing…

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