(1.) The present appeal is directed against the judgment and decree dated November 23, 1962, passed by the Additional District Judge, Fifth Court at Alipore, district 24 -Parganas, in Title Suit No. 16 of 1962 and is at the instance of the State of Bihar, Defendant No. 1 in the said suit.
(2.) The suit out of which the appeal arises was one for declaration and injunction. The suit was originally instituted by the Respondent No. 1, Ramgarh Farms and Industries Limited, against as many as 39 Defendants including the State of Bihar that was impleaded as Defendant No. 1. The Respondent No. 2, namely Bokaro and Ramgarh Ltd., was at first impleaded as Defendant No. 2, but was subsequently transposed to the category of the Plaintiff by an order being Order No. 121 dated September 19, 1960, the suit having been filed on February 9, 1959.
(3.) In the plaint as originally filed, the Plaintiff, Respondent No. 1, asked for the following relief 's: