UMASHANKAR SHARMA Vs. MANGAL SINGH

JUDGEMENT

(1.) - - 1. Counsel are heard on appellant's application dated 17.12.1991 purporting to be under O. 1, R. 3B inserted in the Code of Civil Procedure, 1908, by a Madhya Pradesh Amendment Act.

(2.) THE suit was with the heading "Suit for declaration of title and possession of land. " in the relief clause the first relief was: "Delivery of possession of agricultural land. " At paragraph 2 of the instant application it has been averred that the appellant does not have any agricultural land except the lands in dispute and that no ceiling case is pending in respect of his lands and that the appellant has no information of any such proceedings. Order 1, R. 3B runs as follows: "3B. Conditions for entertainment of suits. - - (1) No suit or proceeding for -

(3.) : Shri Chaturvedi says that on his part he too does not have any material on the lines referred to in clause (b).