KHURSHEED AHMAD Vs. MEHRUNNISHA

JUDGEMENT

(1.) THIS revision is directed against the order dated 18-8-2006 by Fourth Civil judge Class-1, Jabalpur in Civil Suit No. 340-A/2004 by which the petitioner's application under Order 7, Rule 11, Civil procedure Code was rejected.

(2.) THE objection of the petitioner before the Trial Court was that no notice as required under Section 401 of the M. P. Municipal Corporation Act, 1956 was served on the Corporation. So the suit itself was liable to be dismissed. Reliance is placed by the petitioner to the Division Bench judgment of this court in Harmesh Chandra Dua Vs. Nagar Palika Nigam, Gwalior, 2005 (4)MPLJ 38 and a Single Bench judgment of this Court in Jal Praday Karmchari kalyan Sangh Vs. Ayukt Nagar Nigam, Jabalpur, 2005 (3) MPLJ 145 and submitted that this revision be allowed and the suit filed by respondent Nos. 1 and 2 may be dismissed.

(3.) THE Counsel for respondent Nos. 1 and 2 opposed the contention and submitted as under:-