The English Companies Act, 1985
Section 459,461
Since the title in the suit land
belonged to the plaintiff and was not challenged, the plaintiff field a suit
for cancellation of deed only followed by a consequential relief of recovery
of khas possession. He next submits that the Government is not an interest
party in the present suit land and as such there is no need for making the
Government a party in the suit as the present suit is neither for specific
Performance of Contract nor declaration of title and thus the provision of P.O.
142 of 1972 are not applicable in the present case. Md. Shahidur Islam vs.
Md. Habibur Rahman (Mohammad Fazlul Karim J) (Civil) 5 ADC 289
