JAMMU DEVELOPMENT AUTHORITY Vs. BALJEET SINGH

JUDGEMENT

(1.) PERUSAL of the record reveals that Mr. O.P Thakur, advocate filled his Vakalatnama on behalf of the respondent in the case in hand as is manifest from the order dated 7.8.2002. Today nemo is present on behalf of the respondent. The case is set exparte against him.

(2.) THIS motion of revision is aimed at setting aside the order dated 28.2.2002 recorded by the learned civil Ist. Subordinate Judge( Municipal Magistrate) Jammu in an application of the petitioners/defendants seeking rejection of the plaint under Order 7 Rule 11 (d) for non -compliance with requirement of prior notice under Section 48 of the Development Act, 1970 in civil suit titled Baljeet Singh v. JDA and others.

(3.) HEARD learned counsel for the petitioner. Section 48(1) of the Development Act, 1970 (hereinafter referred to as the Act) deals with that notice be given of the suits, which is reproduced here for convenience provides that: