(1.) ORDER 2 Rule 2 of the Civil Procedure Code reads as follows:
(2.) THE applicant has relied upon the judgment of the Hon'ble Supreme Court in the case of The State of Madhya Pradesh v. The State of Maharashtra and others reported in AIR 1977 S.C. 1466. In Para 25 of the said judgment the Hon'ble Supreme Court has observed as under:
(3.) IN Para 15 of the said judgment, the learned Judge has observed as under: