N.K. Jain, J. - (1.) THIS revision petition is directed against the order of learned Additional District Judge, Jodhpur dated 10 -5 -1989 whereby he upheld the order of Additional Munsiff and Judicial Magistrate No. 1, Jodhpur dated 4 -7 -1987 dismissing the application under order 39 Rules 1 and 2 read with Section -151 C.P.C.
(2.) THE only grievance of Mr. M. Mridul, learned Counsel for the petitioner is that during the suspension, his headquarter was changed from Jodhpur to Jaisalmer vide order dated 4 -3 -1987. Thus, the order was made illegally and with malafides. He has also submitted that the orders of the courts below are without jurisdiction and are liable to be set -aside. He has placed reliance on Chittranjan Ghose v. I.G. of Police W.B. and Ors., 1979 (2) S.L.R. 198 W.B. Khadi etc. Board v. D.P. Bhattacharya, 1980 (3) S.L.R. 136, V.C. Jammu University v. Durhiani Kumar Rampal, 1977 (1) S.L.R. 591, State Farm Corp. of India v. Tarsenlal Singh and I.G.I. Punjab v. Balbir Singh, 1973 (2) S.L.R. 271. Mr. S.K. Vyas, learned Dy. Government Advocate has raised preliminary objection that the petitioner who is a resident of Barmer and Pension holder of Air -Force filed a suit and made Gopal Arora, Dy. Commandant , Dr. G.P. Pilania, Director Civil Defence and Commandant General, Home Guards and the state as party and pleaded malafides without making any averments in the plaint and without impleading them a party by name in this revision. This, revision is liable to be dismissed. He has also submitted that his head -quarter can be changed in public interest.
(3.) I have heard learned Counsel for the parties and perused the case law cited and have also gone through the impugned orders.;