( 1 ) THIS appeal under Section 96 of the Code of Civil Procedure has been preferred against the judgment dated 18th June, 1993 passed by the Court of III Addl. District Judge, Bilaspur whereby the suit filed by the plaintiff (appellant herein) for recovery of prize declared on his lottery ticket has been dismissed. According to the learned trial Judge, promise to pay prize in a lottery is in the nature of an agreement by way of wager which is void and cannot be enforced by civil suit due to prohibition contained in Sec. 30 of the Contract Act. The learned trial Judge has placed reliance on a decision of Division Bench of this Court in the case of Shekhar Chand Jain v. Ramnarayan Gend (F. A. No. 10 of 1975 decided on 3-2-1977 and shortnoted in 1977 (2) M. P. W. N. 118 ). The Division Bench in the said case upheld dismissal of a similar suit based on a lottery ticket by relying on a decision of Bombay High Court in the case of Sir Dorabji Jamsetji Tatalimited v. Edward F. Lance, (1918) ILR 42 Bombay 676 : (AIR 1917 Bom 138 ).

( 2 ) LEARNED counsel Shri G. C. Bhatia, appearing for the plaintiff-appellant, submits that the lottery was organised by respondent No