RAMNIVASH Vs. MADHU GARG AGARWAL

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 8.9.2009 whereby the learned trial court has rejected the application under Order 7 Rule 11 C.P.C. of the private defendant in a suit for cancellation of sale deed filed by the plaintiff.

(2.) LEARNED counsel for the defendant submits that since under Section 80 C.P.C. notice was not served on the State as required by the said provision, the suit was not maintainable. He cited the decision of Hon'ble Supreme Court in the case of Bajaj Hindustan Sugar and Industries Ltd. v. Balrampur Chini Mills Ltd. and Ors., 2007(2) Civil Court Cases 633 (S.C.) : 2007 DNJ (SC) 325 and decision of Rajasthan High Court in the case of Rajkea Middle School, Daulatpura v. Ramkumar and Ors., AIR 1998 Raj. 172.

(3.) CONSEQUENTLY , the learned trial court has not committed any error in rejecting the said application under Order 7 Rule 11 C.P.C.