RATAN CHAND Vs. NANDA LAL

JUDGEMENT

(1.) In response to the public notice issued by this Court inviting litigants to come and argue their case, as the learned members of the Bar are on strike, Mr. Ratan Chand, the petitioner has appeared before this Court.

(2.) The petitioner has challenged the order dated 12.2.2014 passed by the Civil Judge (J.D.) No.1, Gangapur City, whereby the learned Magistrate dismissed an application filed under Order 7 Rule 11 CPC by the petitioner.

(3.) Mr. Ratan Chand, the petitioner, has vehemently pleaded that although, the suit has been filed under Transfer of Property Act for his eviction from the property in dispute, but he has never been served with a notice by the respondent-plaintiff. Therefore, the suit is not even maintainable. Hence, the learned Magistrate was unjustified in rejecting the application under Order 7 Rule 11 CPC.