SATYANARAYANA RAO, J.

( 1 ) THIS Civil Revision Petition was directed to be posted before a Bench by Govinda Menon, J. , when the matter was pending in the High court of Madras, as it raised an important question of law regarding the construction of section 80 of the Civil Procedure Code.

( 2 ) THE suit was instituted by the 1st respondent in the District Munsif s Court, rajahmundry, for a declaration that defendants 1 and 2, i. e. , the State of Madhya pradesh represented by the Chief Secretary, and the Divisional Forest Officer, south Bastar Division (Jagadalpur), were not entitled to levy any alleged forest dues from him and for a permanent injunction restraining the defendants from levying any money by distraint of properties or otherwise. The District Collector of East Godavari was impleaded as the 3rd defendant.

( 3 ) IN the plaint it was alleged that one Ramachandrayya represented to the plaintiff that he was the auction-lessee for gathering tumki leaf (used in manufacturing of beedies) from the Konta and Gollapalli ranges of the forest in the South Bastar division of the Bastar State for Rs. 1,18,000 to be paid in ten instalments in three years, i. e. , 1949, 1950 and 1951

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