UNION OF INDIA Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) This Notice of Motion is taken out by defendant No.2 for a declaration that the suit filed by the plaintiff through the General Officer in Command (GOC) is without sanction an authority in law as per the provisions contained in Military Lands Manual (MLM) and the rules for the Acquisition, Custody and Relinquishment of Military Lands in India, 1944 (ACR) and the instructions contained in 'Disposal of Old Records' and for holding that the suit is barred by law under Order 7 Rule 11(d) of the CPC and to reject the plaint.

(2.) The suit is filed by the Union of India. It is on title. The plaintiff has applied for declaration that it is the sole and absolute owner of the suit property for recovery of possession and other incidental reliefs. Being a suit by the Union of India, it is filed by the officer appointed by the Government in that behalf.

(3.) Paragraph 75 of the plaint shows the averments that the plaint is declared by Major General Deepak Saxena, Chief of Staff, HQ, MG & G Area, who is duly authorized by GOC, MG & G area, who is in turn is duly authorized by the plaintiff to file the suit.