Hon'ble Judges/Coram:
R.K. Agrawal and Abhay Manohar Sapre

JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is filed by the Plaintiff against the final judgment and order dated 21.11.2006 passed by the High Court of Madhya Pradesh, Bench at Jabalpur in First Appeal No. 127 of 1998 whereby the Division Bench of the High Court dismissed the appeal filed by the Appellant herein and affirmed the judgment and decree dated 23.12.1997 passed by the 9^th Additional District Judge, Bhopal in C.S. No. 2-A/97 by which the Appellant's suit for declaration and refund of security amount deposited with the Respondents was dismissed.

2. Facts of the case lie in a narrow compass. They, however, need mention, in brief, to appreciate the controversy involved in the appeal.

3. The Appellant is the Plaintiff whereas the Respondents (State of M.P. and its officials) are the Defendants in a civil suit out of which this appeal arises.

4. Respondent No. 3 (Defendant No. 3)-a Nazul Officer, Bhopal issued an advertisement on 07.01.1996 in daily newspaper for and on behalf of State of M.P. wherein it was published that four nazul plots of the State would be sold in public auction on 11.01.1996 on the terms and conditions set out therein. Anyone interested could participate in the public auction by following the terms and conditions mentioned in the public notice. It is apposite to reproduce the public notice including its terms/conditions hereinbelow:

All are hereby informed that the public auction of Government nazul plots of situated at Mahavir Nagar, Arera Colony, Bhopal is to be carried out. The description of the nazul plots is as follows:

The public auction of the aforesaid plots will done on 11.01.1996 starting at 11 A.M. in the court of the nazul officer capital city scheme Bhopal and the conditions of the auction will be as follows:

1. Each plot shall be auctioned separately.

2. Bidder must be Income Tax Assessee and proof of Assessment for 1994-95 shall be necessary.

3. Before taking part in the bid, each bidder shall have to deposit a Bank draft of Rs. 3.00 lacs with Nuzul Officer as a security.

4. The highest bidder shall have to deposit 1/4^th amount of his bid immediately after closure of auction for t........