KISHAN SINGH Vs. GAJANAD BARODIYA

JUDGEMENT

(1.) Appellants-plaintiffs have preferred this misc. appeal under Order 43 Rule 1(a) read with Section 104 of the Code of Civil Procedure to assail order dated 24th of November, 2017 passed by Addl. District Judge No.2, Bhilwara (for short, 'learned Court below') in Civil Appeal No.68/2017 setting aside order dated 7 th of September, 2017 passed by Civil Judge (Junior Division) Kotdi, District Bhilwara (for short, 'learned trial Court').

(2.) The facts apposite for the purpose of this appeal are that appellants filed a suit under Section 91 CPC against respondents praying therein relief of declaration and injunction. Precisely, the appellants have sought the relief of annulment of NOC issued by District Collector in favour of respondents No.1 and 2, for setting up retail outlet of petrol pump upon Khasra No.792/1 of Village Sawaipur, Tehsil Kotdi, District Bhilwara abutting N.H.758.

(3.) Contesting the suit on behalf of respondents No.1 and 2 separate applications were filed under Order 7 Rule 11 CPC by invoking clause (d) that the suit is barred by law under various provisions of the Petroleum and Natural Gas Regulatory Board Act , 2006 (for short, 'Act of 2006') and the Petroleum Rules, 2002 (for short, 'Rules of 2002'). The learned trial Court, after hearing rival submissions, by its order dated 7 th of September, 2017 accepted aforesaid applications of the respondents and consequently rejected plaint of the appellants.