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Bare acts > Code of Civil Procedure, 1908 > Order 1 Rule 3 A
 
   


 

3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.- Where it appears to the court that any joinder of defendants may embarrass or delay the trial of the suit, the court may order separate trials or makes such other order as may be expedient in the interests of justice.

HIGH COURT AMENDMENT

MADHYA PRADESH.—In order 1 of First Schedule to the principal Act, after Rule 3-A, the following rule shall be inserted, namely: -

“3-B. 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) unles, 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” - M.P. Act 29 of 1984, S. 5 (14.8.1984).

 

 

 

 

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