TERAJUNNISHA ALIAS BUWABAI Vs. YAKUB MOHAMMAD

JUDGEMENT

(1.) The instant second appeal was admitted for hearing by this Court on 30-4-96 on the following substantial question of law :

(2.) A suit to restrain defendant/respondent herein from interfering in plaintiff's possession over the suit property was filed by the plaintiff/appellant herein. During the pendency of the suit, State of M.P. through Collector, Bilaspur was impleaded as a party under Order I Rule 3-B of the Code of Civil Procedure. The above suit was dismissed. The plaintiff preferred first appeal. Although State of M.P. was party before the Trial Court, the same was not added as respondent in the appeal. Later on, the plaintiff applied for joining State of M.P. as party/ respondent. The said application was dismissed by the First Appellate "Court vide its order dated 5-7-94 holding that the application filed after a period of 2 years and 9 months cannot be allowed and dismissed the application. Holding the State as necessary party, the appeal was also dismissed. Hence this appeal.

(3.) Order 1 Rule 3-B of the CPC brought on the statute book by M.P. Act No. 29 of 1984, which reads as under :