Ambalal Dhakad vs. Asstt. Commissioner, Devasthan Department, Jaipur & Ors.

Rajasthan Public Trust Act, 1959–Secs. 20 & 6–Code of Civil Procedure, 1908–Order 1, Rule 10–Appeal against the order passed u/s. 6–Petitioner was not made the party-respondent of appeal, therefore, he filed the application under Order 1, Rule 10 which came to be rejected–Justification–Admitted fact that the order passed by the Asstt. Commissioner in favour of petitioner was challenged by way of appeal–When the respondent nos. 3 & 4 have themselves filed the appeal for quashing the order passed on the application filed by the petitioner, he is a necessary party to the appeal–Further, if the petitioner is made the party in personal capacity and not in the capacity of the management trustee of the public trust and if the public trust is not impleaded as party-respondent in the appeal, then it would go unrepresented before the Appellate Authority–Appeal is still pending before the Commissioner, therefore, by virtue of Sec. 21, there is no occasion for the Assistant Commissioner to cause entries in the register–Impugned order deserves to be set aside.