CHATTAR SINGH RAJPUT Vs. PRITHVI SINGH RAJPUT

JUDGEMENT

(1.) The present revision petition has been preferred by the petitioner against the order dtd. 4/2/2019, passed by learned Additional Civil Judge No. 7, Jodhpur Metropolitan, Jodhpur (hereinafter referred to as "the Trial Court") in CO No. 306/2016 whereby the petitioner's application under Order VII Rule 11 of the Code of Civil Procedure, 1908 has been dismissed.

(2.) Succinctly stated/the facts relevant for the present purpose are that the plaintiff-respondent No. 1 Prithvi Singh filed a suit for injunction, inter-alia, praying that the defendants No. 1 and 2 namely Jodhpur Vidhyut Vitaran Nigam Ltd. and Public Health and Engineering Department be restrained from disconnecting his electricity and water connection, while also seeking a permanent injunction qua defendant No. 3 to the effect that he be restrained from interfering in his peaceful possession and causing damage to his property.

(3.) The petitioner filed an application dtd. 3/3/2017, under Order VII Rule 11 of the Code of Civil Procedure and prayed that the plaint be rejected. It was inter-alia contended that the suit filed by the plaintiff is based on false averments and frivolous ground and the same is vexatious; the plaintiff has not sought quashment of the notice issued by defendants No. 1 and 2; plaintiff's conduct is suspicious; the plaint suffers from non-joinder of necessary parties; the plaint does not disclose cause of action; and that the suit was not maintainable as requisite notice under Sec. 80 of the Code of Civil Procedure had not been issued to the defendants No. 1 and 2 who are public authorities, prior to filing suit.