AIR 2009 SUPREME COURT 4
Civil Appeal Nos. 115-116 of 2001, D.29- 9-2008.
Ram Kumar & Anr. v. State of Rajasthan & Ors.
(From: Rajasthan)
(A) Civil P. C. (5 of 1908), S. 80- Non- service of notice under Effect -Land acquisition proceedings Transfer of land to plaintiff in lieu of his acquired land duly approved by District Collector Mutation and exchange of possession Revocation of order of approval and delivery of exchanged land in possession of plaintiff to District Education Officer Suit for declaration that order of revocation is null and void and for restoration of possession Notice under S. 80 served on State and District Collector Suit, held, could not be dismissed for non service of notice on district Education Officer He has not done any act in his official capacity He has been made party for purpose of re delivery of possession.
(B) Civil P. C. (5 of 1908), S. 115 — Infructuous Revision – Suit for declaration and restoration of possession – Preliminary issue regarding effect of non-ser- vice of notice u/S. 80, C. P. C. on party who was put in possession – Trial Court holding that suit was maintainable notwithstanding non-service of notice Revision Suit itself dismissed on merit 1 at the time when revision was decided Held, it was not open to High Court to deal with preliminary issue as revision had become infructuous in view of dismissal of suit on merits Order of High Court in revision holding that suit was not maintainable for non-service of notice was liable to be set aside on this ground.