Bare Acts

Order 1 Rule 3B CPC | Conditions for entertainment of suits —

Order 1 Rule 3B CPC-

STATE AMENDMENT

Madhya Pradesh – In Order I, after rule 3A, insert the following rule namely

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 (No. 20 of 1960) in relation to land aforesaid has been or is required to be filed by him or by any other person before competent authority appointed under that Act, has impleaded the State of Madhya Pradesh as one of the defendants or non-applicants, as the case may be, to such suit or proceeding.

(2) No Court shall proceed with pending suit or proceeding referred to in sub-rule (1) unless, as soon as may be, the State Government is so impleaded as a defendant or non-applicant.

Explanation – The expression “suit or proceeding” used in this sub-rule shall include appeal, reference or revision, but shall not include any proceeding for or connected with execution of any decree or final order passed in such suit or proceeding.”

[Vide Madhya Pradesh Act 29 of 1984, sec. 5 (w.e.f 14-8-1984).]