ROOPCHAND Vs. BABULAL

JUDGEMENT

(1.) APPELLANT filed a suit challenging the finding of Registrar, Public Trusts, Sagar under Section 8 of M. P. Public Trusts Act, 1951 (hereinafter referred to as 'act' for short ). The aforesaid suit was dismissed by the Trial Court on merit. The Trial Court also considered that the suit was filed without impleading State of M. P. and serving notice under Section 80 of CPC.

(2.) AGGRIEVED by the judgment and decree of Trial Court, plaintiff filed an appeal. Before the Appellate Court, appellant filed two applications, one under Order 1 Rule 10, CPC, to implead State of M. P. and Registrar, Public Trusts, Sagar as defendant Nos. 2 and 3 and another application under Order 41 Rule 27, CPC, by which permission was sought of to file notice issued to the State and Registrar, Public Trusts, Sagar under Section 80, CPC, alongwith postal and acknowledgment receipts. The aforesaid applications were contested by defendant/respondent No. 1. These applications were considered by the impugned order. The Lower Appellate Court by the impugned order dismissed the appeal, aggrieved by which present appeal was filed.

(3.) THIS appeal was admitted on 30-8-1988 on the following substantial questions of law :-