MURLI SINGH Vs. STATE BANK DHOLPUR

JUDGEMENT

(1.) THIS revision application by the defendants is directed against the order dated 2nd February, 1968, of the learned District Judge, Bharatpur whereby issues Nos. 4, 5 and 6 were decided against the petitioners.

(2.) THE Sub -Divisional Officer, Dholpur having been appointed as an officer to take over the management of the State Bank of Dholpur (hereinafter called the Bank) to wind up its affairs and distribute its assets, by the Central Government in exercise of the powers vested in it by Section 5(1) (a) of Act No. 56 of 1962 (hereinafter called Act of 1962) instituted a suit against the petitioners in the court of the District Judge, Bharatpur for recovery of the amount of loan alleged to have been advanced by the Bank to them on 12 -12 -1947. The suit was instituted on 16th February, 1966 and was stated to be within limitation as having been instituted within five years from the date of the first appointment of the officer, i.e., the Manager, vide Clause (d) of Section 5 of the Act. It may be stated that the first appointment of the officer under Section 5(1)(a) of the Act was made by the Central Government vide its Order No. F -8/ 85/62 -BB dated 1 -3 -1963 with effect from 1 -4 -65. Clause (1) (d) of Section 5 of the Act is as follows: - -

(3.) THE petitioners contested the suit and inter alia pleaded that the suit was time barred, the plaintiff was not entitled to bring the suit and Act No. 56 of 1962 was ultra vires of the Constitution of India. On these objections the following three issues amongst others were framed by the learned District Judge: - -