S. K. Dubey, J. -- 1. This is an appeal by the defendants/appellants against the judgment and decree dated 18.3.1987 passed by the First Additional Judge to the Court of District Judge, Vidisha in Civil Appeal No. 88A/1985, preferred against the judgment and decree dated 11.11.65 passed by Civil Judge Class-II, Basoda in Civil Suit No. 20A/63 wherein the suit of the plaintiffs for declaration and possession of the lands bearing Khasra Nos. 143, 146, 152,164,169,168,188,185 and 205, area 71 bighas, 5 biswas, situated in village Madia Ponia, was decreed.

2. Aggrieved of the judgment and decree, the defendants preferred an appeal which was allowed. The plaintiff/respondent No.1 filed a second appeal No. 428/69 against the judgment and decree of first appellate Court, which was allowed by this Court on 23.7.1985 and the case was remitted to the first appellate Court to rewrite the judgment properly, afresh in accordance with law, after hearing the parties. On receipt of the record, the respondent/plaintiff raised a preliminary objection about the maintainability of the appeal that the State of M.P., though imp-leaded as a party in the trial Court, having not been imp-leaded in the