ANANDDHAR DIWAN Vs. STATE

JUDGEMENT

(1.) THE Dena Bank had filed a Civil Suit for Rs. 3,628 against Sarvashri Raghunandan Prasad Gupta son of Ramadhin Gupta, Har-sewaklal Gupta son of Keshri Prasad Gupta, and Narayan Prasad Gupta son of Ganesh Prasad Gupta, all cultivators by occupation, residents of village arang, tahsil and district Raipur, M. P.

(2.) THIS suit was filed in the Court of 6th Civil Judge, Class II, Raipur and was registered as Civil Suit No. 120-B of 1977. These defendants in the suit on 14-2-1979, had filed an application, submitting that the plaintiff-bank is a nationalised bank and the suit was for the recovery of agricultural loan, hence a civil suit for its recovery was barred under the provisions of section 5 (2) of the Code of Civil Procedure; section 256 (ii) of the M. P. Land revenue Code, 1959; section II of the Madhya Pradesh Krishi Udhar Pravartan tatha Prakirn Upabandha (Bank) Adhiniyam, 1972 and section 14 of M. P. Samaj Ko Kamjor Vargon Ke Krishi Bhumi Dharkon Ka Udhair Dena walon Ke Bhumi Hadapne Sambandhi Kuchakron Se Paritran Tatha Mukti adhiniyam, 1976 (hereinafter referred to as 'mukti Adhiniyam') and prayed that the suit be dismissed for want of jurisdiction. The application was opposed by the Bank.

(3.) DEFENDANTS contention challenging the jurisdiction of the Civil Court did not find favour with the Court of the Civil Judge. He vide his order dated 19-11-1979 rejected the same. The defendants being aggrieved by this order filed a revision in this Court which was registered as Civil Revision no. 1387 of 1979. This revision was dismissed on 8-7-1980 by this Court. Sharma J. , who decided this revision considering the provisions of the various laws referred to in paragraph 2 of this order, in his elaborately reasoned order came to the conclusion that the jurisdiction of the Civil Court is not barred.