SHANTA BAI Vs. KUNDLIK

JUDGEMENT

(1.) This revision application under Section 115 of CPC has been filed at the instance of defendants against the order dated 06.10.2006 passed by learned Civil Judge, Class-I, Multai District Betul whereby an application under Order VII Rule 11 CPC filed on behalf of applicants has been dismissed.

(2.) A suit for declaration and mandatory injunction has been filed by the plaintiff-respondent no.1 which is pending in the Trial Court. The allegation made in the plaint is that mala fidely and against the interest of Gram Panchayat the defendants are carrying on the business affairs of the Gram Panchayat and hence the complaint was also made to Sub Divisional Officer in that regard but of no avail and therefore the present suit has been filed for mandatory injunction.

(3.) After the defendants-applicants were served, an application under Order VII Rule 11 CPC has been filed that the civil suit is barred looking to the provisions contained in Section 108 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam 1993 (in short "Adhiniyam 1993"). This application has been dismissed by learned Trial Court holding that points which are raised in the application are having nexus with the facts and at the threshold it cannot be decided.