1980 Supreme(MP) 285

R. K. Vijaywargiya, J.
Nathusingh v. Competent Authority.
F. A. No. 72 of 1966 (I); Decided on 18-9-1980.

Headnote:(1) Ceiling on Agricultural Holdings Act, 1960 (M.P.) -- S. 11 (5) -- civil suit under -- whether statutory notice is necessary before filing -- Civil P. C., 1908 -- S. 80.

        (2) Civil P. C., 1908 -- S. 80 -- statutory notice under -- necessity of -- civil suit contemplated under provision of statute -- effect -- Ceiling on Agricultural Holdings Act, 1960 (M.P.) -- S. 115 (5).

        (3) Civil P.C., 1908 -- O. 1, Rr. 9 and 10 (2) -- non joinder of partly -- effect -- whether Court should order joinder of a necessary party under rule 10 (2).

        The plaintiffs filed the present suit under clause (6) of section 11 of the M. P. Ceiling on Agricultural Holdings Act, 1860. The suit has been dismissed by the trial Court on the ground that as no notice, as required by section 80 of the Code of Civil Procedure was given to the competent authority and the State Government, the suit was not maintainable. The trial Court has also dismissed the suit on the ground of non-joinder of the State Government, which according to the trial Court was a necessary party to the suit. The plaintiffs have assailed the decree of the Court below in this appeal.

        Held : Having heard learned counsel for the parties, I have come to the conclusion that this appeal deserves to be allowed. The learned Government Advocate appearing for the respondent No. 1 frankly conceded that in view of the recent judgment of this Court, notice under section 80 of the Code of Civil Procedure Was not necessary before filing the Suit under clause (5) of section 11 of the M. P. Ceiling on Agricultural Holdings Act. 1960. The learned counsel for the plaintiff stated that the plaintiffs would join the Government of Madhya Pradesh as a party to the suit if the suit is remanded to the trial Court and that in fact the trial Court ought not to have dismissed the suit and ought to have an opportunity to the plaintiffs to join the State Government as party to the suit. In this view of the matter, this appeal deserves to be allowed and the judgment and decree of the trial Court deserve to be set aside and the suit has to be remanded to the trial Court for trial in accordance with law. Appeal allowed.