STATE OF M P Vs. NAND KISHORE

JUDGEMENT

(1.) THIS order shall also govern the disposal of Miscellaneous Appeal No. 746 of 2002 (State of M.P. through Collector and another v. Jamnaprasad S/o Balmukund); Miscellaneous Appeal No. 747 of 2002 (State of M.P. through Collector and another v. Kanhaiyalal S/o Jagnnath); Miscellaneous Appeal No. 748 of 2002 (State of M.P. through Collector and another v. Hemraj S/o Chandrapal); Miscellaneous Appeal No. 749 of 2002 (State of M.P. through Collector and another v. Gendalal (dead) th. L.Rs. Chandrabhagabai and others) and Miscellaneous Appeal No. 750 of 2002 (State of M.P. through Collector and another v. Chandrapal (dead) th L.Rs. Rampyaribai and others) as common facts of the case and questions are involved in all these appeals.

(2.) THIS Misc. Appeal under Order XLIII Rule 1 (a) of the Code of Civil Procedure (for short 'the Code') is directed against the impugned order dated 1.2.2002 passed by Second Additional District Judge, Indore, in Original Civil Suit No. 35/99, by which rejected the objections filed on behalf of the appellants-State under Order VII Rule 11 of the Code about the maintainability of the civil suit.

(3.) I have heard Ku. Seema Sharma learned Panel Lawyer for appellants/State and Shri P.V. Bhagwat, learned counsel for respondent-plaintiff.