JHANAK SINGH Vs. SANDEEP SINGH

JUDGEMENT

(1.) The present revision has been filed challenging the order passed by the trial court dtd. 29/10/2025 thereby rejecting the application of the petitioner-defendant No. 1 for rejection of claim under Order 7 Rule 11 CPC.

(2.) The counsel for the petitioner has contended that the application for rejection of plaint ought to have been allowed by the Trial Court and the Trial Court has erred in not allowing the application under Order 7 Rule 11 CPC, and committed error of law.

(3.) It is argued that the relief sought in the plaint is not only against private persons but against the State of Madhya Pradesh as well as the Tahsildar, who have been impleaded as party in the suit and a prayer has been sought that mutation in the land be carried out in a particular manner and since that mutation has to be done by the Tahsildar, therefore a direction has been sought against the Tahsildar to carry out mutation in favour of the petitioner in a particular manner and therefore the petition having been filed against a Public Officer, hence a proper notice under Sec. 80 CPC was a essential requirement and in absence of a proper notice under Sec. 80 CPC, the Trial Court could not have entertained the suit and the plaint ought to have been rejected.