J.Sahai, J. - (1.) This special appeal is directed against the judgment of R.S. Pathax, J. dated April 20, 1965.
(2.) The case was decided against the appellant by the Deputy Director of Consolidation on the ground that he (the appellant) had failed to implead the necessary parties; and R.S. Pathak J. took the same view. The defect of not impleading the necessary parties is fatal. Learned counsel places reliance upon Noor Mohammad and others v. Zainul Ahdin and others, 1940 A.W.R. (H.C.) 375 . That decision is an authority for the proposition that it is proper for the court to have the necessary parties brought on the record, if they have not already been impleaded, but it does not say that the court is bound to do so.
(3.) There are no merits in this special appeal. It is accordingly rejected. Appeal rejected.;