Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dated 30.5.13 passed by the Civil Judge (J.D.), Udaipur City (North), in Civil Original Suit No. 218/98, whereby an application preferred by the plaintiff, the respondent No. 1 herein, under Order VI Rule 17 CPC seeking amendment of the cause title, stands allowed. The relevant facts are that M/s. G.B. & Sons, a partnership firm, was awarded a contract by Municipal Council, Udaipur, for operation of Bumper Boats and Pedal Boats at Sukhadia Circle, Udaipur, for entertaining the children. An agreement was executed between the parties in this regard on 4.5.92. It is alleged that on 29.5.98, the District Collector -Shri Shreemat Pandey and Additional Collector -Sumati Lal Bohra (the petitioners herein), the Commissioner, Municipal Council, Udaipur and some police officials came to the business premises of the respondents and while dismantling the booking windows, damaged the business of the firm, man handled Mr. Pradeep Jain, the partner of the firm and he was forcibly taken to office of the District Collector.
(2.) THE first respondent filed a suit seeking permanent and mandatory injunction against the State of Rajasthan and the petitioners herein. The permanent injunction is sought in terms that the defendants may not interfere with the business of the plaintiff and mandatory injunction is sought for restoration of the position of the business premises as was existing on 29.5.98. The suit is being contested by the petitioners and the respondent -State of Rajasthan by filing a written statement thereto. In para No. 1 of joint written statement filed on behalf of the defendants, a categorical objection was taken to the effect that the suit has not been filed in the name and style of the firm and the plaintiff -Pradeep Jain has not explained as to in what capacity he has filed the suit against the defendants and therefore, the same is liable to be dismissed as not maintainable.
(3.) DURING the pendency of the petition, the written statement filed was amended and two separate written statements were filed; one by defendant No. 1 -the State of Rajasthan and another by the defendant No. 2 & 3, the petitioners herein, taking the objection in similar terms regarding the maintainability of the suit.;