MURLI RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dt. 26.05.2014 passed by the Additional District Judge No. 2, Hanumangarh, whereby, the plaint filed by the appellants -plaintiffs seeking declaration and injunction against the respondent -defendants, came to be rejected by the trial Court under Order VII, Rule 11(d) C.P.C. on its coming to the conclusion that the same was barred under provisions of Section 304 of the Rajasthan Municipalities Act, 2009 ('the Act'). The facts in brief may be noticed thus: the appellants -plaintiffs claiming themselves to be in possession of the suit property filed a suit, inter alia, claiming the following reliefs: -

(2.) IN the plaint, it was averred in para No. 7 as under: -

(3.) ON notice being served, an application under Order VII, Rule 11(d) C.P.C. was filed on behalf of the Municipal Council, Hanumangarh raising objection about the maintainability of the suit in absence of notice as envisaged under Sec. 304 of the Act.