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1963 Supreme(MP) 130

V.R.Newaskar
Heeralal – Appellant
Versus
Vishwanath – Respondent


Advocates Appeared:
J. D. Patel for appellant;
K. B. Saxena for respondent.

JUDGMENT

1. These second appeals arise out of a suit for the recovery of Rs. 2234-8-0 filed by the plaintiff Vishwanath against the State of Madhya Bharat on the allegations that the Tehsildar Barnagar had acquired certain quantity of Juar belonging to the plaintiff and entered in the stock register in his name; . that however when the question of payment of its price arose the Tehsildar by his order dated 12-6-1947 refused to pay on the ground that there was dispute pertaining to that Juar between the plaintiff and the District Co-operative Bank Barnagar; that according to the said Bank the Juar belonged to one Hiralal Dangi who had pledged it with the Bank; that the Juar acquired by the Tehsildar belonged to the plaintiff when it was in his possession. On these allegations the plaintiff claimed the price Rs. 1800 plus interest Rs. 434-8-0. The suit was initially filed against the State of Madhya Bharat alone on 14-7-1951. The State Government inter alia contended that the District Co-operative Bank, Barnagar and Hiralal were necessary parties to the suit. The trial Court considered this question and held by its order dated 11-7-1956 that the District Co-operative Bank, Barnagar wa





















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