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1991 Supreme(MP) 176

S.K.JHA
SHRI KAILASH CHANDRA JAIN – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
K.S.VADHVA, S.K.GUPTA, Y.K.Munshi

S. K. JHA, J.

( 1 ) THIS application in revision has been filed by the plaintiff of C. S. No. 25-A/ 84 as it is now numbered, against the order passed by the II Addl. Judge to the Court of District Court, Raipur, dated 5-4-89, directing the plaint to be returned to the applicant under S. 80 (2) of the Code of Civil Procedure for complying with the requirement of S. 80 (1 ).

( 2 ) ALTHOUGH the suit, as now registered in the Court of II Addl. Judge to the Court of District Judge is numbered as C. S. No. 25-A/84, it was actually instituted on 12-2-1979. Along with the plaint, an application was filed by the applicant-plaintiff to grant leave to institute the suit against the State Government, respondent No. 1 under S. 80 (2), C. P. C. The other defendant is a private individual, who is non-applicant respondent No. 2 and has been subsequently added is not necessary for the purpose of the present civil revision application.

( 3 ) THE main relief sought in the suit was for restraining the State Government from realising the dues which were assessed by way of sales tax against one M/s. Choudhary Rice and Co. with which, according to the plaintiff-applicant, it had no concern. The further p









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