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1984 Supreme(MP) 475

G.L.OZA
BANKIMCHANDRA – Appellant
Versus
RADHAKISHAN – Respondent


Advocates Appeared:
R.S.Garg, Sujanmal Jain

G. L. OZA, J.

( 1 ) THIS is a revision petition filed by the petitioner against an order passed by Second Civil Judge Class II, Indore, dt. 6-2-1984 wherein the learned Judge allowed an application submitted by the non-applicant-plaintiff for withdrawal of the ground under S. 12 (1) (e) seeking permission to file a suit on that ground before the Rent Controller in accordance with the M. P. Accommodation Control (Amendment) Act, 1983 (Act No. 27 of 1983 ). Apparently this application was made under S. 12 of that Act and the learned Judge by the impugned order only said that the application is allowed.

( 2 ) LEARNED counsel for the petitioner contended that in this application prayer in made for withdrawal of the ground under S. 12 (1) (e) whereas in fact in the suit itself there is no ground under S. 12 (1) (e) but there is a ground under S. 12 (1) (f ). It was also contended that in fact the suit is filed on various grounds. Section 12 (1) (f) is one of them, and, therefore, in view of the scheme of the Code of Civil Procedure such a withdrawal of one ground for permission to file a separate suit could not be granted and it was also contended that such is not also the interpretatio






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