LAWS(MPH)-2017-7-128

RENU BHATNAGAR Vs. MUNICIPAL CORPORATION GWALIOR

Decided On July 13, 2017
Renu Bhatnagar Appellant
V/S
MUNICIPAL CORPORATION GWALIOR Respondents

JUDGEMENT

(1.) This revision application has been preferred under Section 115 of C.P.C. to call in question the order dated 14.07.2016 passed by 14th Additional District Judge, Gwalior, in Miscellaneous Civil Case No. 1/2016. Vide impugned order, the Court below has rejected the application preferred by the present applicant under Order 7 Rule 11 of CPC.

(2.) For adjudication of the instant case, it is not necessary for this Court to venture into the merits of the case rather the issue which requires determination is whether an application preferred under Order 7 Rule 11 of CPC is maintainable with respect to an application under Section 307(5) of Municipal Corporation Act, 1956 (for brevity 'the Act of 1956') or not? Although, for effective adjudication of the issue, the foundational facts are discussed.

(3.) The applicant has been arrayed as non applicant No. 1 in an application preferred by respondent No. 3 alleging that the construction of house carried by the applicant is illegal and therefore, the respondent No. 3 has made a prayer for grant of an order of injunction with respect to the activity of construction. The matter was registered as Miscellaneous Civil Case and the present applicant was summoned to file her reply to the application. The present applicant rather than filing her reply moved an application under Order 7 Rule 11 of CPC and submitted that the application under Section 307(5) of the Act of 1956, does not disclose the cause of action and, therefore, deserves to be rejected at the threshold.