BUDHA RAM Vs. MAHESH K UMAR

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 12/4/2023 passed by the Civil Judge, Merta, District Nagaur whereby the application under Order 7 Rule 11 of Code of Civil Procedure as preferred by the defendants had been dismissed.

(2.) The application under Order 7 Rule 11, CPC was preferred by the defendants with the submission that the suit against any Municipal authority could be preferred only after a notice of two months period was served in terms of Sec. 304(1) of the Municipality Act, 2009 (hereinafter referred to as 'the Act of 2009'). Further, that the notice in terms of Sec. 304(1) although had been served but the time period of two months had not expired and the present suit had been preferred prior to the expiry of the said period. Therefore, the same is not maintainable.

(3.) The application of the defendants had been rejected by the Court below on the ground that the relief as prayed for in the suit was simplicitor for injunction and therefore, the matter could not be governed by Sec. 304(1) of the Act of 2009.