Honble N.L. TIBREWAL, J.—The plaintiff-Firm, a holder of Mining Lease of mineral sand-stone, has filed the present revision petition U/s. 115, CPC against the order dated December 22, 1990 of Additional District Judge, Dholpur, whereby the application filed by it under Order XXIII Rule, 3, C.P.C was dismissed.

2. In order to appreciate the controversy involved in the matter, a narration of necessary facts is given. The plaintiff filed a civil suit for declaration and permanent injunction on October 29, 1980 against the State of Rajasthan and other officers of Mining Department, the non-petitioners in the present revision petition. The plaintiff sought a declaration that the Firm was entitled to get third renewal of the existing mining lease for 10 years from 1.05.1980 to 30.04.1990, and also permanent injunction restraining the defendants from dispossessing it from the lease area of 77.36 sq. miles situated at Bareli, Tehsil Baseri, District Dholpur.

3. As per the plaintiffs case, the Firm was granted mining lease of Sand-stone mineral by the erstwhile Dholpur State for the whole of Dholpur State. Subsequently, the mining lease area was reduced to 96. 7 Sq. miles by the State of Raja

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