KAILASH CHANDRA JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application in revision has been filed by the plaintiff of C.S. No. 25-A/ 84 as it is now numbered, against the order passed by the II Addl. Judge to the Court of District Court, Raipur, dated 5-4-89, directing the plaint to be returned to the applicant under S. 80(2) of the Code of Civil Procedure for complying with the requirement of S. 80(1).

(2.) Although the suit, as now registered in the Court of II Addl. Judge to the Court of District Judge is numbered as C.S. No. 25-A/84, it was actually instituted on 12-2-1979. Along with the plaint, an application was filed by the applicant-plaintiff to grant leave to institute the suit against the State Government, respondent No. 1 under S. 80(2), C.P.C. The other defendant is a private individual, who is non-applicant respondent No. 2 and has been subsequently added is not necessary for the purpose of the present civil revision application.

(3.) The main relief sought in the suit was for restraining the State Government from realising the dues which were assessed by way of sales tax against one M/s. Choudhary Rice and Co. with which, according to the plaintiff-applicant, it had no concern. The further prayer was that the auction proposed to be held of the property belonging to the applicant-plaintiff, be directed to be restrained from being held.