MUNICIPAL CORPORATION RATLAM Vs. DILIP SINGH

JUDGEMENT

(1.) THE applicant Municipal Corporation, Ratlam has filed these civil revisions against the order dated 12.2.1999 granting leave under section 151 CPC to file suit against the Municipal Corporation after notices under section 401(1) of the M.P. Municipal Corporation Act, 1956.

(2.) THE brief facts for the disposal of these revisions are that on 12.2.1999, the respondents came to know through newspaper report that the buildings which are constructed by them are being demolished for some contravention of Municipal Rules and bye laws. After reading the newspaper, on the same day the respondents served notices on the Municipal Corporation under section 401(1) of the Municipal Corporation Act as notice under section 401(1) is required to be served on the Corporation before filing a suit and also on the same day, they filed civil suits alongwith applications under section 151 CPC praying that leave be granted and the application for injunction be heard so that they may not be put to loss. The trial Court by impugned order dated 12.2.1999, granted leave under section 151 CPC and thereafter also granted injunction in favour of the respondents. Subsequently, the injunction was confirmed against which the Municipal Corporation has filed Miscellaneous Appeal. The appeal was allowed and the case has been remanded back for rehearing after the expiry of the period of one month as required under section 401(1) of the Municipal Corporation Act. The Corporation has filed a separate revision against the impugned order challenging grant of leave under section 151 CPC.

(3.) THE Division Bench of this High Court in the case of Ram Krishna Parashar (supra) has already considered various decisions of the Supreme Court, this High Court as well as other High Courts and has held thus: