JAGANNATH Vs. BANK OF INDIA

JUDGEMENT

(1.) This revision petition is directed against the order dated 14-12-94 (sic) passed by First Additional Judge to the Court of District Judge, Dewas, in Civil Suit No. 1/1982-B.

(2.) The facts of the case in short are that the non-applicant, Bank of India, Branch Dewas advanced a loan to the applicant on the basis of mortgage of agricultural land. The non-applicant brought a suit for recovery of loan by sale of agricultural land mortgaged with it. The applicant raised an objection that in view of the legal amendment in the State of M.P. Civil Procedure Code, the State of M.P. is a necessary party in a suit pertaining to agricultural land and therefore, the suit cannot proceed without making the State of M.P. a party in the case. The aforesaid objection was disallowed by the Court and therefore, the defendants have filed this revision petition.

(3.) According to Shri Amarsingh, learned counsel for the petitioner/defendants, the lower court while passing the impugned order, has not correctly interpreted the provisions of Order 1 Rule 3-B, CPC, wherein, it has been provided that the State should be made a party in a suit, where the declaration of title or any right over the agricultural land is sought, or where a suit is for specific performance of contract for transfer of any agricultural land. Therefore, the court, in view of the clear provisions of law, should have directed the non-applicant to implead the State of M.P. as a party and therefore, the court has committed an error in rejecting the application of the applicants. On the other hand, the learned counsel for the Bank Shri Counsel has supported the finding of the learned lower court.