KISHANLAL BALDEVJI Vs. COLLECTOR INDORE

JUDGEMENT

(1.) THIS Letters Patent Appeal has been preferred against the judgment of the Single Judge of this Court, who while hearing an appeal had maintained the order of dismissal of the suit filed by the plaintiffs-appellants against respondents under section 11 (5) of the M. P. Ceiling on Agricultural Holdings Act, 1960 after obtaining leave from the learned Judge of this Court.

(2.) THE present appellants-plaintiffs who are related to each other filed a suit under section 11 (5) of M. P. Ceiling on Agricultural Holdings Act, 1960 (hereinafter referred to as the Act ). This suit was filed without notice to the collector under section 80 of the Code of Civil Procedure as the Collector had passed an order under the Act directing that the appellants' lands in excess of 75 acres vested in the State. On behalf of the defendants-respondents an objection was taken that such a suit against the Collector cannot be filed without notice under section 80, Civil Procedure Code. The trial Court upholding this objection dismissed the suit, whereas the first appellate Court set aside the dismissal and ordered remand of the case holding that notice under section 80 was not necessary. On appeal, the learned Single Judge of this Court passed judgment dated 28-10-1968 setting aside the order passed by the lower appellate court and maintaining the dismissal of the suit on the ground that for a suit under section 11 (5) of the Act a notice under section 80, Civil Procedure Code is necessary.

(3.) SECTION 11 (4) of the Act provides as under: