Tarun Chatterjee, J. - (1.) These appeals by special leave are directed against the judgment and order dated 26th of March, 1998 passed by a learned Judge of the High Court of Judicature for Rajasthan at Jodhpur in S.B. Civil Revision Petition No. 480 of 1994 and order dated 23rd of March, 1999 passed in S.B. Civil Defect Case No. 1788 of 1998 which arose out of an application for review of the order dated 26th of March, 1998. By the order dated 26th of March, 199.8, the learned Judge had set aside the order passed by the learned Munsif, 1st Class, Tibbi by which the learned Munsif held that the defendant No. 3/respondent No. 3 (in short 'respondent No.3') was not needed to be served with a notice under Section 80 of the Code of Civil Procedure (in short the 'CPC'), as the respondent No.3, being a District Education Officer, had not done any act in his official capacity.
(2.) The facts leading to the filing of these appeals may be summarized as follows : The proceedings for acquisition of the land belonging to one Shri Daulat Ram, father of the appellants situated at Chak No. 12 M.K.S. Tehsil Tibbi, Mu. No. 180/242, Kila No.5-8 (presently Chak No.3 D.P.M. 14 to 16 and 24-25) ad measuring 9 bighas and Mu.No. 180/242, Kila No.4-5 ad measuring 2 bighas and Mu.No. 181/242 Kila No. 1-2, admeasuring 2 bighas, totalling all 13 bighas in ABADI Mauza Daulatpura, were initiated by the Bhakhra Colonization Department and the Deputy Colonization Commissioner, Bhakhra Hanumangarh, while acquiring this land along with other lands by order dated 3-1-1962, ordered his subordinates to put up proposal expeditiously to transfer in lieu of the land to be acquired for ABADI any other land, in favour of the Khatedar (Mauroosi-holder). The said Bhakhra Colonization Department was wound up and all the powers thereof were vested in the officers of the Revenue Department. Hence, the father of the appellants filed an application dated 22-11-1969 before the Tehsildar (Revenue), Tibbi for transfer in terms of the order passed by the Deputy Colonization Commissioner in lieu of his acquired land, the vacant land situated in Chak No.M.K.S. (presently Chak No. D.P.M.), bearing Mu.No. 180/240, Kila No.9 (1 bigha), 11 to 13 (3 bighas), 18 to 23 (6 bighas) ad measuring in all 10 bighas and Mu.No.181/246, Kila No.3, 8 (2 bighas) ad measuring in all 12 bighas, whereupon after conducting an inquiry the Tehsildar (Revenue), Tibbi submitted his proposal before Deputy Collector, Hanumangarh and Deputy Collector submitted on 13th of November, 1968, Sriganganagar, the defendant No. 2 accorded transfer of the said land in lieu of the acquired land. The District Collector, Sriganganagar, by his order dated 20th of November, 1968 accorded his approval to this transfer and the file concerned was returned to the Deputy Collector, Hanumangarh. In compliance with the order dated 20th of November, 1968 passed by the District Collector, Sriganganagar, the transfer entry of the land to be carried out in lieu of the acquired land was made in the revenue record and the same was approved by the Tehsildar (Revenue), Tibbi on 3rd of October, 1970 and the names relating to the lands were mutated in the revenue records and the possession of the land concerned too was exchanged. Accordingly, the father of the appellants gave up possession of the acquired land measuring 13 Bighas as detailed in para 1 of the plaint, in favour of the State and in lieu thereof, possession of the land, detailed in para 2 of the plaint, was delivered to the father of the appellants who came into possession thereof in the capacity of Khatedar. The said land, which was transferred in exchange along with other lands in their entirety whereby out of the land acquired in exchange, the land bearing No. 180/240, Kila No. 9 (1 Bigha), 11 to 13 (3 Bighas), 18 to 23 (6 Bighas) ad measuring 10 Bighas fell into the share of appellant No. 1 Ram Kumar and Mu. No. 181/ 246, Kila No. 3 and 8 (2 Bighas) ad measuring 2 Bighas fell into the share of appellant No. 2 Rajendra Kumar and the transfer entry of this portion was made against S. No. 33 in the Khata No. 11/27 dated 13th January, 1971 and was certified on 20th of February, 1971 and this land was thus mutated on 13th of Janaury, 1971 in the names of the appellants in revenue records Jamabandi.
(3.) The District Collector (Defendant No. 2) however revoked the earlier order dated 20th of November, 1968 by passing a fresh order on 20th of April, 1974. The appellants approached various authorities praying for an order restraining the defendant No. 2 (hereinafter referred to as "Respondent No.2") from delivering possession of the said land to the respondent No. 3 to District Education Officer, being Respondent No. 3. After being unsuccessful before different authorities, the appellant served a notice under Section 80 of the CPC read with Section 52 of the Rajasthan State Land Acquisition Act No.24 of 1953 on the respondent No.2 in his official capacity on 13th of December, 1985. Having failed to receive any reply, the appellants thereafter filed the suit on 25th of March, 1987 seeking declaration that the order dated 20th of April, 1974 passed by the respondent No.2 was null and void and ineffective and the appellants shall be delivered back possession of the said land, particulars of which has been described in paragraph 12 of the plaint, (hereinafter referred to as the 'suit land') from respondent No.3.;