MAHADEV Vs. THE OFFICER

JUDGEMENT

(1.) This is plaintiff's second appeal against dismissal of his suit concurrently by both the Courts below.

(2.) The plaintiff filed a suit for declaration that the auction sale of suit lands was invalid. The plaintiff had taken on loan of Rs. 1500.00 in 1968 from defendants Nos. 1 and 2. On a dispute filed by defendant No. 1 the Dy. Registrar Co-operative Societies passed an award of Rs. 2447-49P. In recovery of the said amount the plaintiff's agricultural lands area 4.46 acres was attached and sold by auction to defendant No. 6 Laxminath Yadav instead of challenging the said auction in the form prescribed under M.P. Co-operative Societies Act, 1960 the plaintiff filed this suit for declaration before Civil Court. An objection was raised by the defendants that the Civil Court has no jurisdiction and that the suit was barred by limitation.

(3.) The learned trial Court framed issues on the aforesaid plea and tried them as preliminary issues. The trial Court decided both the issues against the plaintiff. In appeal the dismissal of the suit was affirmed. Hence this second appeal.