KAILASH KABLI, Vs. SMT. NEETA AGARWAL AND ORS.

JUDGEMENT

(1.) HEARD the learned Counsels for the parties.

(2.) THE present second appeal has been filed by the plaintiffs being aggrieved by the judgment of two Courts below allowing the defendants' application under Order 7 Rule 11 C.P.C. and dismissing the suit filed by the plaintiffs - appellants. The learned trial Court dismissed the suit filed by the plaintiff vide judgment and decree dtd.30.8.2005 which was upheld by the first appellate Court by judgment dtd.16.11.2005 and both the Courts below held that since notice as required by Section 50 of the Rajasthan Housing Board Act, 1970 was not given by the plaintiffs to the Rajasthan Housing Board before instituting the suit in question, therefore, the said suit was barred by law and, therefore, the same was bound to be dismissed on the application under Order 7 Rule 11 C.P.C.

(3.) THIS Court by order dtd.11.5.2007 framed following substantial question of law for determination by this Court: