SUNIL KUMAR ROHRA Vs. RACHNA SHRIVASTAVA

JUDGEMENT

(1.) Feeling aggrieved by the order dated 18.5.2012 passed by learned First Civil Judge, Class II, Shahdol in Civil Suit No. 34-A/ 2012 whereby the application of applicant-defendant under Order 7 Rule 11 CPC has been dismissed, this revision under Section 115 CPC has been filed by the applicant-defendant.

(2.) A suit for specific performance of contract has been filed by the plaintiff in regard to immovable property in question which is the subject matter of the suit and the description whereof is mentioned in the plaint. Since the applicant is a tribal therefore, necessary permission from Collector under Section 165 (6) of M.P. Land Revenue Code, 1959 (for short, the Code) was required to be obtained. Eventually, the applicant submitted necessary application before the Collector for providing such permission which was registered as Case no. 272/A-21/2005-06 (Sunil Rohra Vs. State of M.P.). The Collector allowed the said application on 18.5.2007 and permitted the applicant to sell the property in question to the plaintiff-respondent. Despite the permission was granted the suit for specific performance of contract was not filed till 21.12.2011 and it was filed on or after this date.

(3.) Having served with the notice, the present applicant filed an application under Order 7 Rule 11 CPC in the trial Court praying therein that suit be dismissed by exercising powers conferred under Order 7 Rule 11(d) CPC. This application of the applicant-defendant has been rejected by learned Trial Court.