K.K. Verma, J.

1. Counsel are heard on appellant's application dated 17-12-1991 purporting to be under Order 1, Rule 3B inserted in the Code of Civil Procedure, 1908, by a Madhya Pradesh Amendment Act.

2. The suit was the heading "Suit for declaration of title and possession of land." In the relief clause the first relief was: "Delivery of possession of agricultural land." At paragraph 2 of the instant application it has been averred that the appellant does not have any agricultural land except the lands in dispute and that no ceiling case is pending in respect of his lands and that the appellant has no information of any such proceedings. Order 1, Rule 3B runs as follows :

"3B. Conditions for entertainment of suits. - (1) . No suit or proceeding for, -

(a) declaration of title or any right over any agricultural land, with or without any other relief; or

(b) specific performance of any contract for transfer of any agricultural land with or without any other relief, shall be entertained by any Court, unless the plaintiff or applicant, as the case may be, knowing or having reason to believe that a return under Section 9 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960