H. R. KRISHNAN, J.

( 1 ) AMONG the various grounds urged in this application the only one on which it was admitted for hearing was whether Government should be impleaded either as a necessary party or at least as a proper party. As it appears, the respondent is not keen on impleading Government unless there is an express order by this Court to this effect. The question is whether it is a necessary party: the parties have argued this case on that basis, The question before us is: "whether in a suit for the setting aside of the revenue sale for the realisation of Government dues, the Government should also be impleaded along with the auction purchaser?"

( 2 ) THE opposite party owing some dues to the Government on account of takabi and having defaulted the latter look steps under the Madhya Pradesh Land revenue Code to attach and sell in the revenue Court certain agricultural land belonging to the former. Sufficient opportunity was afforded to him to make a deposit of the dues; but he failed. Accordingly delivery of possession was given by the revenue Court and the auction purchaser entered. Thereupon the defaulter brought this suit ostensibly for restoration of possession, but actual

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