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1991 Supreme(MP) 456

R.K.VERMA
State of M. P. – Appellant
Versus
Babulal – Respondent


Advocates:
S.M. Dagaonkar for appellants; A.M. Mathur and S.L. Jain for respondents.

JUDGMENT

R.K. Verma, J. -- 1. This judgment shall also govern the disposal of F.A. No. 83/91 (State of M.P. and Anr. v. Ramkishan & Anr.).

2. This is an appeal filed by the plaintiffs against the Order dated 11.5.91 passed by the learned Trial Court of 11th Additional Judge to the Court of the District Judge, Indore in Civil Suit No. 18-A of 1991 rejecting the plaint under Order 7, Rule 11 C.P.C. apparently on two grounds viz.. that the suit was barred by limitation and that the suit does not disclose a cause of action.

3. The State of M.P. and the Commandant at Indore filed the instant suit for declaration of title and permanent injunction restraining the defendants from entering or carrying on any activity upon the lands in suit as well as for possession in case the plaintiffs are found not to be in possession of the lands. The suit lands are Khasra No. 206/1, 206/2, 209 and 212 of total area 4.8 acres in Gadrakhedi opposite Kila Maidan in the city of Indore.

4. The plaintiffs have also sought declaration that the decree obtained by defendant No.1 against the plaintiff No.1 on 27.1.1986 in Civil Suit No. 118-A/85 is null and void and without jurisdiction.

5. The learned Trial Court ha









































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