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RAGHUBAR DAYAL, V. RAMASWAMI, P. B. GAJENDRAGADKAR
Badriprasad – Appellant
Versus
State Of M. P. – Respondent
Judgment
RAGHUBAR DAYAL J.: This appeal, by special leave, arises out of a suit instituted by the appellant for a declaration that he was not liable to pay a certain amount originally due from defendant-respondent No. 2 and for the issue of a permanent injunction restraining the State Government, Madhya Pradesh, defendant-respondent No.1 from continuing the proceedings for the recovery of the amount or for starting any fresh proceedings. The suit was decreed by the Trial Court but, on appeal, the High Court reversed the decree and dismissed the appellant s suit.
2. The admitted facts of the case are that on December 24, 1956, respondent No. 2 purchased at the public auction sale held by the Divisional Forest Officer, Harda, the cut timber and arkat trees of coupe No. 9 Eastern, East Kalibhit Range, in Harda Forest Division, for Rupees 70,200. The appellant stood surety for the purchaser, viz., respondent No. 2. The purchase price was to be paid in four instalments, according to para 4 of the deed of contract. Rupees 17,600 were to be paid at more and were so paid. The other instalments were due on March 1, May 15 and December 15, 1957. These instalments were not paid by respondent No
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